Jury Did Not Wrongfully Consider Insurance In A Slip & Fall Case.

After a defense verdict in a slip & fall case, the plaintiff moved for a new trial, attaching the declaration of one juror to her motion.  The declaration stated in part:  “the jury discussed the belief that the plaintiff, Jean Barboni, must have already been paid on a homeowner’s insurance claim by an insurance company for the slip and fall injury that was the subject of the case. The jury wondered aloud and was concerned that a verdict in plaintiff’s favor would be a double recovery.” The defense attached eight declarations, most claiming no recollection of discussions about insurance during jury deliberations.  The trial court denied the motion for new trial, and the appellate court affirmed, deferring to the trial court’s conclusion no juror misconduct occurred.  Barboni v. Tuomi (Cal. App. Fourth Dist., Div. 3; October 22, 2012) 210 Cal.App.4th 340.