Mesecher

The defendants San Diego County and San Diego County Deputy Sheriff David Hawkins appeal the judgment entered on the jury’s verdict awarding plaintiff Lucy Mesecher damages of $114,880. As we shall explain we reject County’s claim of jury misconduct, concluding the declarations from six jurors are inadmissible to impeach the verdict under Evidence Code section 1150, subdivision (a). We also conclude reversal is not required even though we agree with County that the separate jury verdicts on Mesecher’s causes of action for battery and federal civil rights violation are inconsistent. We decide County’s tactical decision to submit potentially conflicting questions for the jury to answer on the special verdict constitutes a waiver of County’s right to assert prejudice on this; ground. We therefore affirm the judgment.

Factual and Procedural Background

I

Mesecher, a criminal defense attorney, was at the county jail with other defense attorneys to appear on behalf of a client for a superior court video arraignment. Because the arraignment was unexpectedly delayed Mesecher left the arraignment room early to avoid being late for another court appearance. When she reached the…