English

— In this action involving an accident between an automobile and pedestrian, defendant appeals from a judgment entered on special verdict in favor of plaintiff for $538,000 plus costs. On appeal, defendant contends that the judgment should be reversed due to prejudicial jury misconduct during deliberations, when a juror allegedly communicated to the other jurors information outside the evidence in the case.

Factual and Procedural Background

Viewing the evidence favorably in support of the judgment, as we must, the record establishes the following facts:

In February 1987, when he was 22 years old, plaintiff was employed as a shopping cart runner by Fedco; he was returning a row of shopping carts left by Fedco customers in the parking structure when defendant’s car hit the carts, which shot back at him and knocked him to the ground; plaintiff felt pain in his left knee; he was put into a wheelchair and taken to the hospital. In July and November 1987, plaintiff underwent two arthroscopic surgeries on his left knee; at the July surgery, Dr. Siebold, an orthopedic surgeon, found the knee ligaments were not tom, but a little loose; after the July surgery, but before the…