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Hall v. Mall6/4/2002
FOR PUBLICATION
OPINION- FOR PUBLICATION
Appellants-plaintiffs Debra E. Hall and Michael Hall (the Halls) appeal a jury verdict entered in favor of the appellees-plaintiffs Eastland Mall, the Equitable Life Assurance Society of the United States (Life Assurance), et al. (collectively, Eastland Mall), claiming that the verdict was contrary to law and that juror misconduct occurred. Concluding that the alleged juror misconduct did not prejudice the Halls and noting that the verdict was supported by the evidence and not contrary to law, we affirm.
FACTS
On January 25, 1997, the Halls, Debra's two daughters, Kaylen and Kristin, and some friends, traveled to Evansville from their Clark County residence to attend a basketball tournament over the weekend. Kristin and one of the other girls, who went with the Halls, were being recruited by the women's basketball team at the University of Evansville. Prior to the games, Debra and the other women went to Eastland Mall to shop. They arrived between 3:00 p.m. and 4:00 p.m. and parked in Eastland Mall's lot. Neither Debra nor anyone else in her party noticed any snow or ice in the lot's driving aisle.
At approximately 7:00 p.m., Debra exited the mall through the Lazarus Department Store doors and began walking up the main parking aisle until she began to cut between vehicles as she made her way toward her van. Kaylen started to walk about one step in front of Debra. At one point, Debra slipped on something slick and wet causing her to fall forward and land on her right foot. She immediately surmised that her ankle was broken. One of Debra's friends, a registered nurse, examined the injury and secured the ankle with a belt.
None of the other women observed Debra slip or begin to fall, and she did not see what caused the fall. Thereafter, it was determined that Debra probably fell on a patch of "black ice." Tr. p. 261, 640-42. While some precipitation occurred on January 24, only a "trace" amount fell on the day of Debra's injury. Appellant's App. p. 246-50.
A report prepared by Eastland Mall security personnel indicated that Debra fell on the northeast lot approximately fifteen vehicle spaces from one of the mall entrances. A security officer who investigated the incident speculated that the substance upon which Debra slipped might have been the result of a spilled drink. Tr. p. 264. The specific spot where Debra fell was at the rear of an empty parking space where a car tire or bumper would be if a vehicle had been parked in that space. When the security officer arrived, Debra's leg had already been splinted with the belt. She was then transported to the hospital in her van.
The emergency room physician observed that Debra had sustained a severe fracture and he fitted her ankle with a plaster cast. Debra underwent several surgeries and as a result of the incident, the Halls filed an amended complaint against Eastland Mall on January 25, 1999. They asserted that Eastland Mall had failed to maintain its parking lot in a safe condition at the time of Debra's fall. They also alleged that Eastland Mall was liable for damages to compensate for the injuries that Debra sustained in the fall. Specifically, the Halls alleged that Debra sustained substantial medical expenses, lost a significant amount of time from work and experienced ongoing pain and suffering. Michael also requested damages for loss of consortium.
A jury trial commenced on June 11, 2001, and at one point during voir dire, counsel for the Halls reported to the judge at a side bar conference that one of the potential jurors appeared to have fallen asleep during questioning. Eastland Mall's counsel res
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