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Perkins v. Komarnyckyj8/6/1992
consideration. They are not to be embarrassed.
Disposition
The trial Judge's erroneous, ex parte instruction that those jurors voting against liability were not to participate in the determination of damages necessitates a retrial on liability as well as damages. That portion of the court of appeals' decision remanding the case for retrial solely on this issue of damages is vacated. The case is remanded to the superior court for retrial on all issues.
CORCORAN, Justice, specially Concurring.
I concur in the result. It is reversible error for a trial Judge, acting without the approval of the parties, to, in effect, disqualify some jurors from deliberation on the damages issue because they did not
join in making the verdict on the liability issue.
Page 1 2 3 4 5 6 Arizona Personal Injury Attorneys
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