Johnson v. Carbon

Leonard Johnson appeals the denial of his motion for a new trial of a personal injury action following a jury verdict awarding him $13,200, less 25 percent comparative fault for a net judgment of $9,900. He asserts the trial court erred (1) when it allowed questioning, testimony and argument on causation based on speculation, and (2) when it failed to grant a new trial based on juror misconduct. We affirm.

On May 20, 1985, Mr. Johnson was involved in an automobile collision with Carl Carbon 1 in Spokane. Mr. Johnson did not seek or receive medical care that day. The next day he contacted Dr.…