WHITTEN v. ALLSTATE INS. CO.

82-1083.

447 So.2d 655 (1984)

Lyndell A. WHITTEN, as personal representative of the estate of Harry H. Whitten, deceased v. ALLSTATE INSURANCE COMPANY.

Supreme Court of Alabama.

February 10, 1984.


Attorney(s) appearing for the Case

Robert Wyeth Lee, Jr. of Wininger & Lee, Birmingham, for appellant.

Jasper P. Juliano of McDaniel, Hall, Parsons, Conerly, Scott & Lusk, Birmingham, for appellee.


BEATTY, Justice.

Plaintiff, Mrs. Lyndell Whitten, appeals from the trial court's denial of her motion for a new trial. We reverse and remand.

The following issues are presented for review:

(1) Whether extraneous facts were introduced into the jury's deliberations;

(2) Whether the trial court could have found that the effect of such extraneous facts, if any, was not prejudicial; and

(3) Whether the trial court erred in denying Mrs. Whitten...

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