Kortner v. Martise

Summary

Justice Palmer concurred in the judgment but disagreed with the majority's analysis of waiver. He concluded that the plaintiff waived any challenge to submitting exhibit 7 because her counsel expressly authorized its submission and thereby induced any resulting error. He nevertheless agreed that the court clerk's failure to inform the trial court of the jurors' concerns about the exhibit required the exhibit to be removed from the jury's consideration and therefore trumped the waiver. No separate opinions are included.