Zimmerman v. Ashcraft

David Newbern, Judge.

After a verdict was rendered for the appellant in this wrongful death action, counsel for the appellee was gtanted a new trial on the ground of juror misconduct. The misconduct alleged was that two jurors failed to respond when the court asked all the jurors if they had litigation pending in the circuit court or were involved in litigation in which the lawyers for either side in this case were participants. The appellant asks us to set aside the new trial order. We decline to do so.

The judgment based on the jury verdict was rendered February 9, 1978. The new trial motion…