Carmona v. Developers Diversified Realty
The jury in a slip-and-fall premises liability case returned a 10-2 defense verdict. Plaintiff Corine Carmona sought a new trial on the ground of jury misconduct. Carmona presented declarations from the two dissenting jurors, stating that one or two unidentified jurors went to the site, which was in a mall two blocks from the courthouse, to take a look, and reported to the rest of us that it did not appear to them that there was a dangerous condition from what they saw. The defense countered with two juror declarations stating, among other things, that none of the jurors told the others that he or she had inspected the area in question. The trial court found there was no misconduct, and denied Carmonas motion for a new trial. Carmona appeals, arguing there was prejudicial jury misconduct. Court find no merit in Carmonas contentions and affirm the judgment.
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