Miley v. Grabill

OPINION

CRIPPEN, Judge.

The jury returned a verdict in a personal injury case against appellant. A juror stated later that the trial court gave instructions during deliberation without presence of counsel or a court reporter. Appellant submitted the juror’s affidavit in support of a motion for a new trial. The trial court denied the motion. We affirm.

FACTS

In December 1983, respondent was injured in a motor vehicle accident. He sued appellant, and the jury found appellant was 90 percent at fault. The jury determined that $100,135.83 would compensate respondent, and the trial court determined…