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Conway v. Blackburn6/13/2005
true. But, this was not a statement of law submitted by Blackburn's attorney, and cases on that point are inapposite.
Conway argues that the jury misconduct here parallels that in Gardner. There, the plaintiff sued for injuries sustained in a car accident. There were other people in the car with the plaintiff at the time of the accident. Gardner, 60 Wn.2d at 837. Juror affidavits disclosed that the jurors viewed the scene of the accident without authorization. Gardner, 60 Wn.2d at 844. Juror affidavits also disclosed that the jury discussed that 'if a verdict was given to the Gardner boy-the plaintiff-it would put the defendant Malone in a bad financial position because the other four boys in the car would sue Malone, the defendant.' Gardner, 60 Wn.2d at 845-46.
The Gardner court said that '{t}he possibility of other lawsuits against defendant Malone was not a matter to be weighed by the jury in its determination of the controversy between plaintiff and defendant.' Gardner, 60 Wn.2d at 846. The Gardner court held that '{t}he unauthorized view of the scene of the accident, combined with the jury's consideration of the effect of other possible lawsuits against the defendant, is sufficient misconduct to establish 'reasonable doubt' that the plaintiff was denied a fair trial.' Gardner, 60 Wn.2d at 847. On this basis, the Gardner court reversed the trial judge and granted a new trial. Gardner, 60 Wn.2d at 847. Viewing the scene of the accident provided the jurors an opportunity to consider extrinsic evidence which was basis enough to reverse and remand.
The possibility of other future lawsuits was not a topic that would have come into evidence in Gardner. Here, on the other hand, the juror affidavits demonstrate that Blackburn's experience was put at issue in some manner during trial. Clearly Conway selected him. Jurors may express opinions, based on evidence introduced at trial that can serve as a motive for reaching a particular verdict, and it is not surprising that they would do so. Depending on the nature of the evidence introduced at trial, expressions about Blackburn's qualifications and Conway's judgment in hiring him could inhere in the verdict. Without the record, we cannot determine whether or not the jury based these discussions of its motivation for the verdict on evidence introduced at trial or on legal considerations improperly considered. The trial court was familiar with the evidence and was in a position to make such a judgment. We cannot conclude that the trial court abused its discretion in denying the motion for a new trial on this ground.
II. Alleged Jury Misconduct During Voir Dire and Prior to Deliberations
If the moving party can demonstrate that a juror failed to disclose material information during voir dire, and truthful disclosure would have provided a basis to challenge the juror for cause, the party is entitled to a new trial. State v. Cho, 108 Wn. App. 315, 321, 30 P.3d 496 (2001) (citing State v. Carlson, 61 Wn. App. 865, 877, 812 P.2d 536 (1991)). But, a 'prospective juror is not obligated to volunteer information or provide answers to unasked questions.' Cho, 108 Wn. App. at 327 (citing State v. Brenner, 53 Wn. App. 367, 372, 768 P.2d 509 (1989), reversed on other grounds, State v. Wentz, 149 Wn.2d 342, 350 & n.2, 68 P.3d 282 (2003)).
For example, in Carlson, a juror was asked whether she had 'any particular background in the subject of child sexual abuse or evidence of sexual abuse.' Carlson, 61 Wn. App. at 877. The juror said no. Carlson, 61 Wn. App. at 877. After deliberations, the juror admitted that 'she had read a great deal about dysfunctional families.' Carlson, 61 Wn. App. at 877. The defendant argu
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