Walkowski v. McNally

OPINION

By the Court,

Bat jer, J.:

The only question raised by this appeal is whether the trial court abused its discretion in granting a new trial to the plaintiff below.

The respondent, Curtis A. McNally, a passenger, was injured in a single car accident in which the appellant, David J. Walkowski, was the driver. McNally sued Walkowski for damages. The case was tried before a jury and a 9-3 verdict was returned for Walkowski.

One of the jurors telephoned McNally’s counsel shortly after the trial and complained of the manner in which the jury had reached its verdict. Counsel secured the juror’s…