Tapia

Plaintiff/appellant Carlos Tapia appeals from a judgment in his favor in his action for personal injuries resulting from a vehicle collision. A jury rendered a special verdict assessing plaintiff’s total damages at $12,706.46 and finding him 50 percent negligent. We conclude the verdict was tainted by jury misconduct and reverse.

Plaintiff was driving his car northbound on Airport Boulevard in South San Francisco in the middle of three lanes. According to a witness, he entered the intersection of Airport and Baden Avenue on a green light. His car was almost through the intersection when it was struck on the left side by a truck which had been travelling eastbound on Baden and made a left turn onto Airport. Defendant Raymond Barker, the driver of the truck, stated he entered the intersection on a yellow light. Defendant did not recall looking both ways at the intersection before he entered it, and he never saw plaintiff’s car. He testified that in making a left turn in a large truck one should turn into the extreme left lane and “work your way over, if possible.” Defendant knew he had hit something, but did not stop to investigate.

Following the accident, plaintiff…