Hallmark v. Allison

The sole issue raised in this appeal is whether the trial court erred in denying plaintiff's motion for new trial, which alleged juror misconduct in considering evidence not presented at trial. We reverse.

Justice Faulkner ably presents the facts of the case in his dissent. Therefore, we will not restate all of them here. The affidavit of juror McAlister, offered in support of plaintiffs' motion for new trial, indicates that extraneous facts were introduced into the jury's deliberation process and that those facts were "important" in reaching a decision. The plaintiffs' assertion that the…