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Burlington Northern Railroad Company v. General Projection Systems. Inc.5/2/2000
he communication between Newsom and Cain, passed on to other jurors, resulted in probable injury to Burlington. Information that a relative of Newsom's was not compensated for an injury he suffered while working for a company that merged with Burlington did not cause such injury that probably resulted in harm to Burlington. First, this case did not involve workers' compensation or personal injuries. Second, Newsom's father-in-law did not work for Burlington at the time he was injured. Thus, the misconduct was not likely to cause a juror to vote differently than he would otherwise have done on issues vital to the judgment. We conclude the trial court did not err in denying Burlington's motion for new trial based on jury misconduct. We overrule Burlington's eighth point of error.
To summarize, we reverse the trial court's judgment as to Burlington's breach of contract claim and GPS's breach of contract claim and remand those claims to the trial court for further proceedings. We also reverse Burlington's third-party action against Amwest and remand it to the trial court for further proceedings. In addition, we reverse that portion of the trial court's judgment awarding GPS actual tort damages of $64,000 and render judgment reducing GPS's actual tort damages to $7000. Finally, we reverse that portion of the trial court's judgment awarding GPS punitive damages and render judgment that GPS take nothing on its punitive damages claim. We remand the remainder of GPS's tort claims to the trial court with instructions to provide GPS an opportunity to prove what allocation of damages between common damages and separate damages, if any, was agreed to at the time of the settlement. We further instruct the trial court to grant any settlement credit consistent with this opinion and to recalculate prejudgment interest on the damages awarded.
JIM MOSELEY JUSTICE
Do Not Publish
Tex. R. App. P. 47
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