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Johnson v. Frazier

Order granting mistrial reversed and case remanded for verdict to be reinstated; there was no evidence indicating that any of the jurors engaged in improper conduct or that the originally dissenting juror, who joined in the verdict after further deliberation, had a "corrupt motive"; appeal of denial of post trial motion must be resolved before a new trial can be ordered.

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�1 Anthony L. Frazier, Sr., and Anthony L. Frazier, Jr., appeal from the order granting a mistrial. We reverse, vacate the order for a second trial, and remand with instructions to reinstate the February 9, 2000 verdict.

�2 Anthony L. Frazier, Jr., and Judith C. Johnson were involved in a car accident November 24, 1996. Johnson sued Frazier and his father. On February 9, 2000, after deliberating one hour, a jury found Frazier 60 percent liable for the accident and Johnson 40 percent liable; they assessed no damages. After the verdict was announced, the jury was polled; only six of eight jurors supported the verdict. The trial court reminded the jury a minimum of seven jurors must agree to a verdict and asked if further deliberations, that evening or the next morning, might produce a proper verdict. One dissenting juror responded affirmatively; the jury retired for approximately seven minutes, and returned with the same verdict, supported by seven jurors.

�3 Johnson’s attorney immediately requested a mistrial, judgment notwithstanding the verdict (JNOV), or in the alternative, additur, alleging the verdict was inconsistent with the evidence, and that the circumstances showed juror coercion. The trial court granted a mistrial, expressing concern over the speed with which the jury returned. The court felt seven minutes was insufficient for eight people to have a discussion, and believed there could not have been appropriate deliberation as two jurors were escorted to the phone during this time.

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