TEXAS EMPLOYERS’ INS. ASSN. v. PRICE

Facts: P sued D to set aside an award in D favor.  P alleged that he suffered total and permanent disability while working for the Port Houston Iron Works and sought to recover insurance benefits. D contends that P’s injuries resulted in only partial and temporary incapacity.    P’s doctor testified that P’s injury was 20% partial and therefore not completely permanent.  Jury concluded that P’s injury was total and permanent, awarding him $13,000.  D appealed on grounds of jury misconduct, arguing that one juror exposed his personal experience with personal injuries to the rest of the jurors.  D also content that the verdict was against the preponderance of the evidence. D sought a new trial on both grounds.

Issue: May a juror share his personal experiences with the other jurors as original evidence of material facts to be considered when deliberating?

Rule: Jurors may not relate special knowledge as original evidence to be considered in jury deliberations.

Application: The jury verdict was not necessarily against the weight of the evidence even though it conflicted with P’s doctor.

Conclusion: Judgment of trial court reversed, case remanded for new trial.