Kronberger v. Zins

LEVINE, Justice.

Ernest Kronberger and Sandra Kraft appeal from an order denying Casey Kronber-ger a new trial on the ground that an ex parte communication between the judge and the jury was harmless error. We reverse and remand for a new trial.

This appeal involves a personal injury action against six-year-old Dustin Zins for damages sustained by seven-year-old Casey Kronberger in a “dirt ball fight” involving neighborhood children. At the close of Kronberger’s case, the trial court dismissed the claims against Dustin Zins’ parents, Arnold and Carolyn. After the jury returned a verdict…