Manfred Westphal, Husband Orietta Westphal v. Steven Rubisch, D.D.S.

40 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Manfred WESTPHAL, husband; Orietta Westphal, Plaintiffs-Appellants, v. Steven RUBISCH, D.D.S., Defendant-Appellee. No. 93-15832. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 23, 1994. Before: LAY, ** PREGERSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM *** 2 Orietta and Manfred Westphal appeal the district court's denial of their motion for relief from judgment. They contend that their trial was tainted by juror misconduct. We affirm. BACKGROUND 3 In 1992, Orietta and Manfred Westphal ("the Westphals") sued Dr. Steven Rubisch in the United States District Court of Arizona for dental malpractice. The jury returned a verdict for Dr. Rubisch. After the trial, Dr. Paul Gledhill, one of the plaintiffs' experts, told the Westphals about an incident that had occurred during the trial. He was on the courthouse steps when the Westphals drove up in their car, a Mercedes. He…