Hukle v. Kimble

172 Kan. 630, 243 P.2d 225 (1952)

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Nature of the Case

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Facts

A motion for retrial was presented in a personal injury action brought by Kimble (D) against Hukle (P) for injuries suffered from a truck accident. After the motion was presented testimony was taken from the jurors. It revealed that the jury foreman suggested that each member write down the amount of the damage award, the amounts would be totaled and the final award would be determined by the average of all the amounts. The calculation was completed and announced. The foreman asked the jury members if they felt the amount was fair and all of the members agreed that is was fair. P sought retrial; the jurors engaged in misconduct by calculating the amount of damages to be awarded before deciding the issue of liability. The trial court denied the motion and P appealed.