The revelation that a plaintiff in a breach of contract case was previously convicted on tax evasion charges may have unfairly prejudiced the jury, an Allegheny Country judge found before ordering a new trial.

Allegheny County Court of Common Pleas Judge Alan Hertzberg said the jury’s discovery of plaintiff Joseph Piole’s criminal history—after two jurors looked him up on the internet during a smoke break—destroyed his credibility, which was essential in a case in which the jury was tasked with deciding whether a building owner breached an oral contract with a lessee.

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