B. & J. Byers Trucking, Inc. v. Robinson

This case should be reversed because the trial court erred (1) in not granting a new trial based upon juror Peggy Joyce Dukes’ untruthful response to a question from the court, and (2) in allowing a witness to give expert testimony as to the speed of one of the vehicles at the time of the accident based upon his reconstruction of the accident.

I

On voir dire the trial court asked the j ury panel if any of them had ever been represented by the plaintiff’s lawyer, Michael Easley, or by Easley’s partners, Knox and Baird Kinney. No juror responded. On the motion for a new trial, the proof was…