Roll v. City of Middleton

SUBSTITUTE OPINION

The Court’s prior opinion dated November 4, 1988, is hereby withdrawn.

BURNETT, Judge.

This is an employment termination case involving a public employee. The principal issue is whether a jury verdict in favor of the employer should be set aside for juror misconduct. The district judge said no, and he denied the employee’s motion for a new trial. Today we vacate the judge’s order and remand the case for reconsideration of the motion. We also offer guidance on other issues, in the event a new trial is granted.

I

In 1975 Richard Roll was hired by the City of Middleton as a general…