HALLMARK v. ALLISON

82-1209.

451 So.2d 270 (1984)

Keith HALLMARK, etc., et al. v. Lester E. ALLISON.

Supreme Court of Alabama.

May 18, 1984.


Attorney(s) appearing for the Case

Roger L. Lucas of Emond & Vines, Birmingham, for appellants.

Thomas A. Woodall of Rives & Peterson, Birmingham, for appellee.


TORBERT, Chief Justice.

The sole issue raised in this appeal is whether the trial court erred in denying plaintiff's motion for new trial, which alleged juror misconduct in considering evidence not presented at trial. We reverse.

Justice Faulkner ably presents the facts of the case in his dissent. Therefore, we will not restate all of them here. The affidavit of juror McAlister, offered in support of plaintiffs' motion for new trial, indicates that extraneous...

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