Opinion
April 17, 1950.
May 15, 1950.
Practice — New trial — Relationship of juror to adjuster for insurance carrier of defendant — Circumstances — Appellate review.
In an action of trespass for injuries, in which it appeared that a niece of the adjuster for the insurance carrier of one of the defendants had been a juror; that the adjuster had talked to his niece during a recess, within observation of the other jurors; that the adjuster had been in the courtroom during part of the trial and had there openly conversed with counsel for one of the defendants relative to this incident; and that the court below had refused plaintiffs' motions for new trial; it was Held that a new trial should be granted.
Before RHODES, P. J., HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.
Appeals, Nos. 90 and 91, April T., 1950, from judgments of Court of Common Pleas of Allegheny County, Oct. T., 1947, No. 2177, in case of Mathilda Gross et al. v. Harry R. Moore, Jr., by his guardian ad litem Clarence Bauman et al. Judgments reversed.
Trespass for personal injuries. Before ADAMS, J.
Verdict for wife-plaintiff in the sum of $200., and for husband-plaintiff in the sum of $294.; plaintiffs' motions for new trial refused and judgments entered on verdicts. Plaintiffs appealed.
Edward O. Spotts, Jr., with him Esler W. Hays, for appellants.
Kim Darragh, for Harry R. Moore, Jr., et al., appellee.
Sanford M. Chilcote, with him Dickie, Robinson McCamey, for Lewis Zonarich, appellee.
Argued April 17, 1950.
Plaintiffs requested a new trial in the court below because of (1) inadequacy of the verdicts, and (2) improper conduct of a juror. A new trial was refused, and plaintiffs have appealed.
Although there may have been no actual fraud or gross misbehavior on the part of anyone in this case, on the facts set forth in the record and the additional facts admitted at the argument before this Court a new trial will be granted. In our opinion, a new trial is required to assure a fair and impartial trial in fact as well as in appearance, and to preserve the orderly administration of justice.
A juror was a niece of the adjuster for the insurance carrier of one of the defendants. The adjuster talked to his niece during a recess, and admittedly discussed family matters with her. Other jurors could observe the meeting. The adjuster was in the court room at least during a part of the trial, and he there openly conversed with counsel for one of the defendants relative to this incident. The trial court should have had its attention called to the occurrence. The adjuster's connection with and interest in the case must have been obvious to his niece and to the other jurors.
Judgments are reversed, and a venire facias de novo awarded.