Martin v. AAA Flag & Banner
A jury returned a verdict against plaintiff and appellant David Martin (plaintiff) and in favor of his former employer, AAA Flag & Banner Manufacturing Company, Inc. (defendant), on plaintiffs claim that he was illegally discharged because of his high blood pressure. On appeal, plaintiff argues that (1) the trial court erred when it denied his motion for a new trial because a juror failed to disclose that he was a law school classmate of one of defendants attorneys; (2) defendants counsel engaged in prejudicial misconduct during trial; and (3) the trial judge was biased against him.
Court conclude that (1) the trial court properly denied plaintiffs motion for a new trial because substantial evidence supported the trial courts implied finding that no jury misconduct occurred; (2) plaintiff has failed to demonstrate prejudice from the alleged acts of attorney misconduct; and (3) there is no support in the record for plaintiffs claim of judicial bias. Court therefore affirm the judgment.
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