This case involved a motor vehicle collision between a motorcycle, driven by Scott Keener, and a truck, driven by Hector Solis. At the time of the collision, Solis was employed by Jeld-Wen Inc. Keener died in the accident. At trial, the jury found in favor of Keener. The judge polled the jury regarding the percentages of negligence between the two drivers, but missed polling Juror No. 7. Several days later, attorneys for Jeld-Wen recognized the oversight and moved for a new trial. The trial court denied the motion. On appeal, the California Supreme Court held that Jeld-Wen’s failure to object to the irregularity before the jury was discharged forfeited its claims of irregularity in the polling procedure. For the full story, click here.
California Supreme Court refuses to grant new trial for missed polling of juror.
May 11, 2009 by Jodie L. Hill
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