For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.
REVERSED.
*598PENNY CUMMINGS v. AGNES ORTEGA, M.D. and WOMEN’S HEALTH CARE SPECIALISTS
) ) ) ) ) )
ORDER
No. 417P10
The defendant’s Petition for Discretionary Review is allowed on the following issue only: “Did the trial court err by relying on evidence contained within juror affidavits to grant plaintiff a new trial?”
By order of the Court in Conference, this 15th day of December, 2010.
Hudson. J.
For the Court