Dunn v. White

The opinion of the court was delivered by

Price, C. J.:

This is an action to recover for personal injuries sustained by plaintiff — a pedestrian — when struck by defendant’s automobile.

The jury returned a verdict in favor of plaintiff for $28,575. Following a hearing on defendant’s motion for a new trial the trial court found there was misconduct of the jury in discussing and considering matters relating to probable insurance coverage of defendant and attorney fees — resulting in prejudice to the substantial rights of defendant. The verdict was set aside as to damages and a new trial limited to…