Jones v. McMonigal

This appeal from a personal injury case alleges that the trial court committed error in denying the motion of the Joneses (plaintiffs/appellants) for a new trial because of improper conduct of jurors during the trial. Appellees admit that at least one juror took an unauthorized view of the scene of the accident and that the jurors discussed these observations and the evidence before the case was submitted to them.

On September 17, 1977, between 6:30 and 7:00 P.M., Von Edgar McMonigal was driving his automobile along the road through Twin Gates East Apartments in Birmingham when Brett A. Jones,…