Enyart

Defendants and appellants City of Los Angeles (the City) and Thomas J. Miller (Miller) (sometimes collectively referred to as the City) appeal a judgment in favor of plaintiff and respondent Jamie Scott Enyart (Enyart).

The essential issue presented is whether the trial court abused its discretion in denying the City’s motion for new trial.

Because the record establishes there was prejudicial juror misconduct, the judgment must be reversed and the matter remanded for a new trial.

Factual and Procedural Background

1. Facts.

On June 4, 1968, Enyart, a 15-year-old boy, went to the Ambassador Hotel in Los Angeles to photograph Senator Robert F. Kennedy’s speech following the California Democratic presidential primary. After the speech, Enyart followed Kennedy into a kitchen pantry area and took photographs. As Enyart was taking photographs, he saw Kennedy suddenly twist and fall to the floor. Realizing that Kennedy had been shot, Enyart took more photographs of the events following the shooting.

The Los Angeles Police Department (LAPD) arrived at the hotel after the shooting and detained Enyart and numerous other possible witnesses for questioning. Enyart’s film was…