Nodal

*609 A "rogue juror" is someone who, in a mischievous way, wanders apart from fellow jurors, does not follow the court's instructions, and violates the juror's oath. (See CACI No. 100.) This undermines the integrity of trial by an impartial jury. Such a juror may not vote or influence other jurors based upon asserted expertise on a matter not in evidence at trial. This is juror misconduct which raises a presumption of prejudice. Here, it was not rebutted and we reverse.

This appeal follows a five-week trial in which appellant claimed that a steel nipple was improperly screwed into a plastic bushing on a vineyard irrigation system. The bushing failed, causing a 20-pound valve assembly to blow off a pump station pipe and strike appellant in the head. Appellant sued on a theory of negligent design and construction. The jury returned a 9-3 special verdict that defendant Cal West Rain, Inc. (Cal West) was not negligent.

Facts and Procedural History

Appellant, a vineyard foreman for Kesselring Vineyard Consulting Services (KVCS), was injured when a valve assembly blew off a vineyard irrigation pipe and hit him. Lunacy Vineyard hired KVCS to plant and cultivate the vineyard, and Cal…