Beall Transport Equipment Co. v. Southern Pacific Transportation Co. ex rel. Department of Motor Vehicles

Abrams’s1 petition for review presents two issues. The first is whether the Court of Appeals erred in applying the “abuse of discretion” standard of review in reviewing the trial court’s denial of Abrams’s motion for a mistrial following an off-the-record, ex parte communication between an opposing lawyer and a juror. The second is whether Abrams preserved the error it assigned on appeal, namely, the trial court’s failure to give a jury instruction that Abrams had requested. We decline to address the mistrial issue, because Abrams failed to raise it in the Court of Appeals. In regard to the…