Smith v. Convenience Store Distributing Co.

ON PETITION TO TRANSFER

KRAHULIK, Justice.

We accept transfer in this case to address the question of whether the trial court may respond to a juror's question during deliberations without first consulting with the parties. We conclude that, under the circumstances here, the trial court erred in responding.

Janet and Gary Smith (Plaintiffs-=Appellants below) seek transfer after the Court of Appeals affirmed, in a memorandum decision, a judgment on a jury verdict adverse to the Smiths and in favor of Convenience Store Distributing Company (Defendant, Appellee below). Smith v. Convenience Store…