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RUSSO v. TAKATA CORP.

No. 24726.

774 N.W.2d 441 (2009)

2009 SD 83

Sharon RUSSO, individually and as Special Administratrix of the Estate of Natasha Pendergrass, and Jessica Russo, Plaintiffs and Appellees, v. TAKATA CORPORATION and TK Holdings, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Decided September 16, 2009.

Rehearing Denied November 9, 2009.

Attorney(s) appearing for the Case

Peter King, Kevin King of Cline, King and King, P.C., Columbus, IN, George J. Nelson of Abourezk Law Firm, P.C., Rapid City, SD, for plaintiffs and appellees.

Wayne D. Struble, David R. Kelly of Bowman & Brooke, LLP, Minneapolis, MN, Patricia A. Meyers of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, LLP, Rapid City, SD, for defendants and appellants.

GILBERTSON, Chief Justice.

[¶ 1.] In this wrongful death action, a juror performed a Google search after receiving a juror summons but before voir dire and being seated on the jury. During deliberations the juror's Google search was made known to five other jurors. The jury returned a defense verdict. Plaintiffs filed a motion for new trial claiming juror misconduct and extrinsic information was revealed to the jury during a critical stage of the deliberations...

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