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Dunn v. Maras

2/2/1995

ere is a reasonable possibility that the verdict was tainted, the trial court must order a new trial. Kirby, 133 Ariz. at 43-45, 648 P.2d at 1049-51. Here the trial court overlooked a reasonable possibility of prejudice. Because the trial court abused its discretion in denying plaintiffs a new trial following revelation of juror Roberts's misconduct, we reverse the judgment and remand for new trial.


NOEL FIDEL, Presiding Judge


CONCURRING:


JOE W. CONTRERAS, Judge


PHILIP E. TOCI, Judge






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