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Kendrick v. Pippin

252 P.3d 1052 (2011)

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Kendrick v. Pippin

Colorado Supreme Court

252 P.3d 1052 (2011)

Facts

Holly Pippin (defendant) was driving when she hit Cheryl Kendrick (plaintiff). Kendrick was injured and sued Pippin for negligent driving. The jury found that Pippin was not negligent. Kendrick hired a jury consultant to interview the jurors. The jury consultant learned that the jury’s foreperson was an engineer. The engineer juror performed her own calculations using the trial information to evaluate Pippin’s speed and reaction time. The calculation results made the engineer believe that Pippin did not have time to react and, therefore, was not negligent. The engineer shared these calculations with the other jurors, and at least one other juror said that the calculations were helpful. Kendrick used the jury consultant’s testimony to ask the court for a new trial based on possible jury misconduct. Kendrick argued that the jury had been improperly exposed to extraneous prejudicial information in the form of the engineer’s calculations. The district court denied the motion. Kendrick appealed, and the appellate court affirmed the district court. Kendrick then appealed to the Colorado Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Bender, C.J.)

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