Texas Employers' Ins. Assoc. v. Price

336 S.W.2d 304 (1960)


Price (P) was injured on the job and was awarded damages by a worker’s compensation board. P objected to the final decision of that board and sought a jury trial. At trial, P testified that he could not work without pain, had to wear a brace, and that his condition was worsening. P's doctor said that he was not totally disabled but that he would not pass him to follow his trade. The doctor labeled the injury 20% partial and therefore not permanent. D contended that the injury resulted in partial or temporary incapacity. The jury awarded P damages for a total disability. It was discovered that during deliberations a juror related his own personal experiences about P's type of back injury; companies would not hire applicants with P's type of injury. D appealed on grounds of jury misconduct and that the verdict was against the weight of the evidence. D sought a new trial.