Graybeal v. Martin Sand & Gravel

DOUG GABBARD, II, Presiding Judge.

¶ 1 Defendant Martin Sand & Gravel appeals the granting of a new trial, following a defendant’s verdict, on the grounds that the jury received extraneous information that the plaintiff had received an insurance settlement. Plaintiff Forrest Ralph Graybeal, as Personal Representative of the Estate of Ruby Eileen Graybeal, counter-appeals the denial of a requested jury instruction and a motion for a directed verdict. We affirm.

FACTS

¶ 2 On the dreary, misty afternoon of April 2, 2005, Defendant’s 10-wheel dumptruek veered across the center line of a Marshall…