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Saakyan v. Modern Auto10/31/2002
d into evidence, the buck consisted of the fender assembly and suspension of the rear portion of a 1986 Honda Accord. Rosenbluth opined the catalyst of the accident was that the left rear wheel was retarded, deflecting the vehicle to the left, followed by an over-correction causing the car to turn to the right almost 90 degrees.
The two precipitating mechanical reasons the left rear wheel became trapped were: (1) the incorrect application of the BMW rims to a Honda, and (2) an out-of-balance condition on the left front tire caused by the manner in which the lug nuts had been tightened. Rosenbluth explained that the BMW wheel that Modern Auto installed on Saakyan's car was not designed for a Honda. The BMW wheel is "hub centric," whereas the Honda is a "lug centric" system.
The jury returned its special verdict finding Modern Auto was negligent; its negligence was a cause of Saakyan's and Paronyan's injuries and damage; and that Saakyan suffered $12,232,744 in economic and non-economic damages while Paronyan suffered a total of $566,928.32 in damages. The jury also found Saakyan was not negligent.
Defendant moved for a new trial and judgment notwithstanding the verdict on the ground, among others, of juror misconduct. The trial court denied defendant's motions. Defendant's appeal followed.
Plaintiffs moved for more than $8,000,000, in expert witness fees (§ 998, subd. (d)) and prejudgment interest (Civ. Code, § 3291). The court denied the request. Plaintiffs' timely appeal from that order followed.
Additional facts will be recited in the relevant discussion below.
DISCUSSION
I. Defendant's appeal.
A. Standard of review.
On appeal from the denial of a motion for new trial based on jury misconduct, we are constitutionally bound to review the entire record to determine independently whether there was misconduct, and if so, whether it prejudiced the moving party. (English v. Lin (1994) 26 Cal.App.4th 1358, 1364.)
" `Declarations recounting statements, conduct or events "open to sight, hearing, and the other senses and thus subject to corroboration" are admissible to establish juror misconduct. Declarations submitted as proof of an individual juror's subjective reasoning processes, which can be neither corroborated nor disproved, are not.' [Citation.]" (English v. Lin, supra, 26 Cal.App.4th at p. 1364.)
In reviewing a trial court's order denying a motion for new trial based on juror misconduct (§ 657, subd. (2)), " e accept the trial court's credibility determinations and findings on questions of historical fact if supported by substantial evidence. [Citations.] Whether prejudice arose from juror misconduct, however, is a mixed question of law and fact subject to an appellate court's independent determination." (People v. Nesler (1997) 16 Cal.4th 561, 582.)
It is also well settled that " ` "a presumption of prejudice arises from any juror misconduct. . . . However, the presumption may be rebutted by proof that no prejudice actually resulted." ' [Citation.] ` "A denial of a motion for new trial grounded on jury misconduct implies a determination by the trial judge that the misconduct did not result in prejudice." ' [Citation.] ` "In reviewing the denial of a motion for new trial based on jury misconduct, the appellate court `has a constitutional obligation [citation] to review the entire record, including the evidence, and to determine independently whether the act of misconduct, if it occurred, prevented the complaining party from having a fair trial.' . . ." ' [Citation.] We `must examine the record to determine whether there is a reasonable probability of ac
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