Donald E. KILGORE and Carole A. Kilgore, Plaintiffs-Petitioners,
v.
FUJI HEAVY INDUSTRIES LTD., Takata Corporation and Takata Seat Belts Inc., Defendants-Respondents.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
Bowman and Brooke, L.L.P., Thomas M. Klein , Phoenix, AZ, Rodey, Dickason, Sloan, Akin & Robb, P.A., Patrick M. Shay , Albuquerque, NM, for Respondents Fuji Heavy Industries Ltd. and Takata Corporation.
Bowman and Brooke, L.L.P., David R. Kelly , Minneapolis, MN, Atkinson, Thal & Baker, P.C., Douglas Arthur Baker , Albuquerque, NM, for Respondent Takata Seat Belts Inc.
Supreme Court of New Mexico.
OPINION
MAES, Justice.
{1} In this appeal, we reconsider and clarify the "presumption of prejudice" that attaches to extraneous juror communications. After reviewing New Mexico case law in light of United States Supreme Court precedent, we conclude that the party moving for a new trial based on extraneous juror communications bears the burden to prove that (1) material extraneous to the trial actually reached the jury, (2) the extraneous material...
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