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SMITH v. MORRIS

No. 48,993

2 Kan. App. 2d 59 (1978)

574 P.2d 568

LARRY D. SMITH, Appellee, v. L.A. MORRIS, Appellant.

Court of Appeals of Kansas.

Opinion filed February 10, 1978.

Attorney(s) appearing for the Case

Thomas L. Theis, of Sloan, Listrom, Eisenbarth, Sloan and Glassman, of Topeka, for the appellant.

William J. Craven and Robert B. Wareheim, of McCullough, Wareheim and LaBunker, of Topeka, for the appellee.

Before FOTH, C.J., ABBOTT and PARKS, JJ.

FOTH, C.J.:

This is an appeal by the defendant from an order granting plaintiff's motion for a new trial. The action arises out of a 1973 automobile collision. Plaintiff prayed for $136,500.00 in damages, based on medical expenses, pain and suffering, and the loss of a year's wages. The jury returned a verdict for $4,264.41.

One of the grounds for plaintiff's new trial motion was "misconduct of the jury." At the hearing on the motion two jurors were

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