Daniel v. Weiner

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This appeal is from the trial Court’s order overruling Appellant’s motion for a new trial based on jury misconduct. We affirm the judgment of the trial Court.

In this case, a deposition was inadvertently taken into the jury room in contravention *495of Rule 281, Tex.R.Civ.P. That rule, which provides that the jury may take with them in their retirement for deliberation certain items, specifically excepts depositions of witnesses. In this case, it is clear that the deposition was in the jury room for the entire deliberations, and portions of it were read…