Wiley

I.

Procedural History

Defendant, Southern Pacific Transportation Co., appeals from an order granting plaintiff’s motion for new trial on the grounds of juror misconduct. Defendant also appeals from the court’s orders denying its motion for judgment notwithstanding the verdict and its motion to amend or correct the judgment.

Plaintiff, Kevin Wiley, by and through his guardian ad litem, filed a complaint against the defendant for general and special damages resulting from an injury he received while climbing over defendant’s train. Plaintiff’s father did not seek to recover any damages or expenses. Defendant filed an answer asserting the comparative negligence of the minor and the father. The jury returned a special verdict against the defendant. The jury assessed defendant’s negligence at 25 percent and plaintiff’s comparative negligence at 75 percent. The father was found not to have been negligent. Plaintiff’s total damages before apportionment were found to be $125,000 excluding medical expenses. The jury found that plaintiff’s medical expenses were $53,366. The award of medical expenses was not reduced by the percentage of plaintiff’s comparative fault.

On December…