Elaine Wiseman v. John J. Armstrong — Rogers, J., dissenting

Summary

The dissent agrees that the trial court had a mandatory duty to poll the jury upon the plaintiff's timely request but rejects the majority's conclusion that the violation was subject to harmless-error review. It reasons that the harm cannot be meaningfully measured because the unperformed poll was the only way to test unanimity and coercion, and that requiring proof of harm undermines the mandatory nature of the rule. The dissent would therefore require automatic reversal. No separate opinions were provided.