WAGNER v. RILEY

No. 20A03-8603-CV-75.

499 N.E.2d 1155 (1986)

Timothy A. WAGNER, Appellant (Plaintiff below), v. Josephine RILEY, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied January 21, 1987.


Attorney(s) appearing for the Case

Charles C. Wicks, Craig A. Rieff, Elkhart, for appellant.

Robert T. Sanders, III, Thomas R. Hamilton, Daniels, Sanders & Pianowski, Elkhart, for appellee.


STATON, Presiding Judge.

Timothy Wagner was injured when his car collided with a car driven by Josephine Riley. A jury returned a verdict in favor of Wagner and awarded him damages of ten thousand dollars ($10,000.00). Wagner appeals claiming the damages are inadequate and represent a compromise verdict which was the result of juror misconduct. Our resolution of this appeal focuses on the following issues:

I. May the jury's verdict be impeached by the affidavit...

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