Smith v. Morris

Foth, C.J.:

This is an appeal by the defendant from an order granting plaintiff’s motion for a new trial. The action arises out of a 1973 automobile collision. Plaintiff prayed for $136,500.00 in damages, based on medical expenses, pain and suffering, and the loss of a year’s wages. The jury returned a verdict for $4,264.41.

One of the grounds for plaintiff’s new trial motion was “misconduct of the jury.” At the hearing on the motion two jurors were called to testify. The foreman of the jury, Merlyn Broxterman, testified the jury misunderstood the court’s instruction as to “quotient verdicts”…