California Court of Appeal

In a wrongful death action arising out of the head-on collision of two motorcycles, in which the jury found the State liable for a dangerous condition on the highway and awarded damages to plaintiff's family, and the trial court excused a juror and seated another alternate, the matter is remanded for retrial of the apportionment issue where: 1) the record does not show as a 'demonstrable reality' that the juror failed to deliberate or was otherwise unable to perform her duty; 2) the trial court consequently abused its discretion by discharging her; and 3) this error was prejudicial in that the jury's apportionment of liability between the State and the other defendant was by a nine-to-three vote, and the juror had expressed her inclination to vote for the State.

Appellate Information

• Published 2017/03/09

Judges

• PERREN

Court

• California Court of Appeal

Counsel