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Fleshner v. Pepose Vision Institute, P.C.

Missouri Supreme Court
304 S.W. 3d 81 (2010)


Michelle Fleshner (plaintiff) filed suit against Pepose Vision Institute, P.C. (PVI) (defendant), her former employer, asserting wrongful discharge and wage claims. During the trial, the wife of PVI’s owner testified on behalf of PVI. The wife was Jewish. A jury found in favor of Fleshner. PVI filed a motion for a new trial, in part due to juror misconduct. In support of its motion, PVI filed affidavits stating that a juror made several anti-Semitic comments about the wife of PVI’s owner during the jury deliberations. These derogatory comments attributed Fleshner’s termination to the wife’s being Jewish. The trial court denied PVI’s motion without a hearing, reasoning that jury deliberations are sacrosanct and even if the juror made those remarks, they were insufficient for a new trial. PVI appealed.

Rule of Law


Holding and Reasoning (Russell, J.)

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