Legal Opinion
Shadoan v. CITIES OF GOLD CASINO
New Mexico Court of Appeals
Decided November 12, 2009No. 28,924PublishedCited by 3 opinions
1Opinion of the Court
OPINION
ROBLES, Judge.
{1} Cities of Gold Casino, Pojoaque Gaming, Inc., and Pueblo of Pojoaque (Defendants) appeal a district court order granting Donna Shadoan (Plaintiff) a new trial. We hold that jurors’ affidavits that evidence a misunderstanding of instructions or process in reaching a verdict that might have produced a different verdict do not evidence a clerical error in the verdict and are not permissibly considered under Rule 11-606(B). Since the district court considered such evidence, we reverse.
I. BACKGROUND
{2} On December 9, 2001, at approximately 7:00 p.m., Plaintiff was robbed…
2Cases cited16 opinions
- Dewitt v. Rent-A-Center, Inc.New Mexico Supreme Court · 2009
- Hood v. FulkersonNew Mexico Supreme Court · 1985
- Betty Karl v. Burlington Northern Railroad CompanyCourt of Appeals for the Eighth Circuit · 1989
- United States v. BenallyCourt of Appeals for the Tenth Circuit · 2008
- Phelps Dodge Corp. v. GuerraNew Mexico Supreme Court · 1978
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3Cited by3 opinions
- Acosta v. Shell Western Exploration & Production, Inc.New Mexico Court of Appeals · 2012
- Malpica-Cue v. FangmeierColorado Court of Appeals · 2017
- Shadoan v. CITIES OF GOLD CASINONew Mexico Court of Appeals · 2009