Nesmith v. Bowen Development & Timber Co.

RUSSELL, Judge.

This is an appeal from the denial of a motion for new trial.

This case originated as an action for wrongful death. Following a trial on the merits, a jury returned a verdict in favor of the appellant in the amount of $10,000. Citing alleged juror misconduct, the appellant filed a motion for new trial. An ore tenus hearing was conducted on that motion, which was subsequently denied. This appeal followed. We reverse.

The alleged juror misconduct consisted of the jury foreman's independent examination of the accident scene without authority from the court or the consent of the…