Calif. Appellate Court Upholds New Trial Order on Juror Misconduct Grounds

SAN FRANCISCO -- A California intermediate appellate court has upheld a trial court's decision to order a new trial in an asbestos case, saying that the juror misconduct cited in the trial court's decision constituted a "blatant" violation of jury instructions. Whitlock, et al. v. Foster Wheeler, et al., No. A117221 (Calif. Ct. App., 1st Dist., Div. 3).

In the Feb. 15 opinion, the First District Court of Appeal further found that the juror's decision to interject his outside experiences into jury deliberations prejudiced the plaintiffs and warranted a new trial.

Paul and Marguerite Whitlock contend that Paul Whitlock's mesothelioma …