Legal Opinion · Dissent

Adkins v. ALUMINUM COMPANY OF AM.

Washington Supreme Court

Decided June 9, 1988No. 53309-1Published

1DissentDore, J.

(dissenting) — I would have reinstated the plaintiff's verdict on liability at the first trial. There was no basis for the trial court to set aside the jury's verdict by granting a motion for a mistrial because one of the jurors had asked for a dictionary. There is not an iota of evidence that the presence of a dictionary in the deliberating room affected any juror or any juror's decision. At most, the presence of the dictionary was harmless error. I dissent.

Mistrial

The granting of a motion for a mistrial should be overturned only for abuse of discretion, and a much stronger showing of an…

2Cases cited14 opinions

  1. Fahn v. Cowlitz CountyWashington Supreme Court · 1981
  2. Clarke v. Shoreline School District No. 412Washington Supreme Court · 1986
  3. Mahoney v. ShinpochWashington Supreme Court · 1987
  4. Cory v. Ankeny State BankSupreme Court of Iowa · 1969
  5. O'BRIEN v. City of SeattleWashington Supreme Court · 1958

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