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SHADOAN v. CITIES OF GOLD CASINO

No. 28,924.

224 P.3d 671 (2009)

2010-NMCA-002

Donna S. SHADOAN, Plaintiff-Appellee, v. CITIES OF GOLD CASINO, Pojoaque Gaming, Inc., and Pueblo of Pojoaque, Defendants-Appellants.

Court of Appeals of New Mexico.

November 12, 2009.

Attorney(s) appearing for the Case

Voorhees Law Firm, Scott F. Voorhees, Santa Fe, NM, for Appellee.

Ray A. Padilla, P.C., Ray A. Padilla, Arlyn G. Crow, P.C., Arlyn G. Crow, Albuquerque, NM, for Appellants.

OPINION

ROBLES, Judge.

{1} Cities of Gold Casino, Pojoaque Gaming, Inc., and Pueblo of Pojoaque (Defendants) appeal a district court order granting Donna Shadoan (Plaintiff) a new trial. We hold that jurors' affidavits that evidence a misunderstanding of instructions or process in reaching a verdict that might have produced a different verdict do not evidence a clerical error in the verdict and are not permissibly considered under Rule 11-606(B). Since the...

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