Lozynsky v. Hairston

Banke, Judge.

The plaintiff brought this action seeking damages for injuries sustained in a motor vehicle collision. This is an interlocutory appeal from the grant of the plaintiffs motion for new trial following a jury verdict for the defendant.

The order appealed from was predicated upon the affidavit of one juror to the effect that he had visited the scene of the collision during an overnight recess and made measurements of the scene which he felt were more accurate than those provided during the trial. The juror further disclosed that he had shared this information with other jurors. During…