Whitten v. Allstate Ins. Co.

Plaintiff, Mrs. Lyndell Whitten, appeals from the trial court's denial of her motion for a new trial. We reverse and remand.

The following issues are presented for review:(1) Whether extraneous facts were introduced into the jury's deliberations;(2) Whether the trial court could have found that the effect of such extraneous facts, if any, was not prejudicial; and(3) Whether the trial court erred in denying Mrs. Whitten's motion for a new trial.

Mrs. Lyndell A. Whitten, as personal representative of her deceased husband's estate, instituted an action on June 18, 1979, against Allstate Insurance…