Spencer Ex Rel. Spencer v. A-1 Crane Service, Inc.

OPINION

ANDERSON, Justice.

In this wrongful death appeal arising out of a building construction accident, the question presented is whether the Court of Appeals was correct when it reversed a trial court judgment in favor of a defendant contractor and granted a new trial because of an ex parte communication between the trial court and the jury foreman. The Court of Appeals’ decision that the trial court did not err in its jury instructions as to hedonic damages and the taxability of any damage award is also questioned.

Because we conclude that no specific prejudice resulted from the ex parte…