Niemela v. Collings

The jury returned a verdict for the defendant in this personal injury action. Plaintiff filed a motion for a new trial contending that several jurors were guilty of misconduct. Plaintiff’s motion was denied and he appeals.

The defendant’s verdict was 11 to 1. The plaintiff filed the dissenting juror’s affidavit with his motion for new trial. The affiant stated that the jury foreman told the affiant that he had ridden with the defendant bus driver during the trial and that the bus driver told him that the accident was the plaintiff’s fault. The affiant also stated that another juror stated she…