American Power Products, Inc. v. CSK Auto, Inc.

Justice BRUTINEL,

opinion of the Court.

¶ 1 During jury deliberations after a lengthy trial, a juror asked the bailiff how long deliberations usually lasted. Without consulting anyone, the bailiff answered, “an hour or two should be plenty.” We hold that the trial court did not err by denying the plaintiffs motion for a new trial based on the bailiffs statement without first holding an evidentiary hearing. Although the statement was plainly improper, it was not objectively prejudicial and there was no significant fact question about what occurred.

I. BACKGROUND

¶ 2 In 2005 American Power…