Locksley

Plaintiff appeals from the judgment entered upon a jury’s special verdict that found defendant not to have been negligent. We affirm.

We view the evidence in the light most favorable to the judgment. (Campbell v. Southern Pacific Co. (1978) 22 Cal.3d 51, 60 [ 148 Cal.Rptr. 596 , 583 P.2d 121 ].) At approximately 5:20 p.m. on January 22, 1981, defendant was driving eastbound on Santa Monica Boulevard at 20 miles per hour; his headlights were on. Plaintiff, who had just had several drinks, began walking across Santa Monica Boulevard at the point at which it intersects with Foothill Road. There is no marked crosswalk at this juncture. Defendant was approximately 50 feet away from plaintiff when he saw him. Defendant applied his brakes but was unsuccessful in avoiding plaintiff. When struck, plaintiff was about halfway across the street. As a result of the incident, plaintiff suffered injuries, the gravity of which were disputed at trial.

On this appeal, plaintiff’s primary assignment of error is the trial court’s denial of his motion for a new trial. The motion was largely predicated upon a claim of juror misconduct and was supported by the following declaration from one…