Villa

INTRODUCTION

Fermin Villa sustained significant injuries when the driver of a car he was a passenger in lost control of the car and hit a 200-pound decorative boulder, which caused the car to roll over. After filing this action against the City of Long Beach for allegedly creating and maintaining a dangerous condition by placing the boulder in the median of the road, Villa went to trial twice and lost both times. In the first trial, a jury returned a verdict for the City, finding there was no dangerous condition. After the trial court failed to disclose it had received a note from a juror during deliberations about potential jury misconduct, however, the court granted Villa’s motion for a new trial. The City appealed, and we affirmed. (See Villa v. City of Long Beach (Sept. 28, 2017, B268270) [nonpub. opn.] (Villa I).) In the second trial, a jury again found there was no dangerous condition. Villa again moved for a new trial—the subject of this appeal—arguing that the jury engaged in misconduct during deliberations and that counsel for the City committed misconduct during closing argument. This time the trial court denied the motion for a new trial. Villa appealed again, arguing…