Summary
holding that jurors' unauthorized visits to accident scene were “highly improper and so inherently prejudicial as to require a new trial”
Summary of this case from Varano v. Forba Holdings, LLCOpinion
May 29, 1968
Appeal from the Civil Court of the City of New York, County of Queens, DANIEL E. FITZPATRICK, J.
J. Lee Rankin, Corporation Counsel ( Edmund B. Hennefeld of counsel), for appellant.
Samuel A. Locker for respondent.
It is undisputed that two of the jurors made separate and unauthorized visits to the scene of the accident. This was highly improper and so inherently prejudicial as to require a new trial. The rule that a jury may not impeach its own verdict is no longer applicable in respect to misconduct outside the juryroom ( People v. De Lucia, 20 N.Y.2d 275; cf. Parker v. Gladden, 385 U.S. 363).
The order should be unanimously affirmed, with $25 costs.
Concur — McDONALD, P.J., GROAT and SCHWARTZWALD, JJ.
Order affirmed, etc.