Bormann
Bormann v. Chevron USA, Inc.
Opinion
Opinion
Fukuto, J.
In this case, during a weekend separation of the deliberating jury, a juror prepared a written statement of her views of the evidence, which she read to the jury when it reconvened. The question presented is whether this was misconduct. We hold that it was not, and affirm the judgment.
I.
Appellant Nancy Bormann brought this action against Chevron USA, Inc., for the wrongful death of her son, an employee of a Chevron subcontractor, who had been killed when the heavy tractor he was operating rolled over while traversing a dirt hill maintained on Chevron’s oil field. The case was tried to a jury. After receiving the court’s instructions, the jury retired to deliberate at 1:30 p.m. on a Friday.
The jury had before it a special verdict that included questions about negligence, causation, damages, and comparative negligence. According to the declarations of several jurors presented on motion for new trial, the jury on Friday afternoon voted nine to three against Chevron on the issues of negligence and causation. The court then excused the jury for the weekend.
The jury resumed deliberations at 9:30 a.m. the following Monday. According to the jurors’ declarations, at the…