Davidson

INTRODUCTION

A jury awarded plaintiff and appellant Jessica Davidson $66,375 in her personal injury automobile accident action. Thereafter, the trial court denied plaintiff’s motion for prejudgment interest pursuant to Code of Civil Procedure section 9981 and Civil Code section 3291, granted defendant and respondent Alex Fish’s motion to tax costs with respect to plaintiff’s medical expert witness fees, and granted defendant’s new trial motion pursuant to section 657 based on juror misconduct. The trial court denied plaintiff’s motion for reconsideration. Plaintiff appeals. We affirm the trial court’s order granting defendant’s new trial motion. Because we affirm the order granting a new trial, we do not need to decide whether the trial court erred in denying plaintiff’s motion for prejudgment interest or in granting defendant’s motion to tax costs.

BACKGROUND2

Plaintiff brought an action for negligence against defendant arising from an automobile accident. The jury awarded her $66,375, which award consisted of $9,375 in past economic loss, $23,500 in future economic loss, $30,000 in past noneconomic loss, and $3,500 in future noneconomic loss.

A. New Trial Motion…