Henrichs v. Todd

Donna E. Todd appeals from the order of the District Court, Thirteenth Judicial District, Yellowstone County, granting a new trial to Darrell Henrichs, plaintiff, for irregularities in communications between the bailiff and the jury. We affirm.

The issues presented on appeal are:

1. Did the bailiff improperly communicate with the jury?

2. Did the irregularity affect the substantial rights of the respondent?

3. Did the communication deny the respondent’s right to a fair trial?

4. Was the grant of a new trial a manifest abuse of discretion on the part of the trial court?

On January 25, 1990, the jury…