Wing Shung Lam v. Chung-Ko Cheng

McCooe, J.P.

(dissenting). I respectfully dissent. The trial court granted plaintiffs’ motion “ordering a new trial based on jurors’ misconduct.” The misconduct relied upon was racial bias, which can be an outside influence permitting the impeachment of a verdict by jurors’ posttrial affidavits. The dissent raises two grounds for reversal. First, there was no proof of the alleged racial bias “intended to deny plaintiffs an award on account of their counsels race” and second, that any jury misconduct was waived.

This is an action seeking the recovery of money damages for defamation and…