Klint v. Brennan.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY SUSAN J. KLINT and FRANCIS J. KLINT, her husband, : : : : : : : : : : Plaintiffs, v. SHANNON M. BRENNAN, Defendant. Submitted: Decided: C.A. No.: 99C-09-22 SCD June 28, 2004 July 9, 2004 ORDER Upon Consideration of Plaintiff s Motion for Reargument DENIED This 9th day of July, 2004, upon consideration of plaintiff s motion for reargument, it appears that: (1) On October 3, 1997, plaintiff was involved in a car accident with the defendant in which she sustained injuries. (2) On November 3, 2003, a jury trial commenced. Because liability was not disputed, the case focused on causation and damages. At trial, plaintiff offered the testimony of three medical experts, a vocational expert and an economist, who testified to plaintiff s accident related injuries and her economic loss. Defendant cross-examined these witnesses, and offered no witnesses on her own behalf. At the close of trial, the jury returned a verdict for the injured plaintiff in the amount of $30,000, and a verdict of zero dollars for her spouse. (3) On June 16, 2004, this Court issued a letter opinion denying plaintiff s motion for a new trial/additur. In its decision, this Court indicated that it rejected as improper the affidavit offered by the economic expert, David E. Black ( Black ), who encountered a juror after the trial, and discussed the deliberations with her. 1 (4) On June 28, 2004, plaintiff filed a motion for reargument alleging that the decision of the jury was not based on the evidence presented, and that it would be a miscarriage of justice if it is allowed to stand. Plaintiff argues that Black s affidavit demonstrates the decision of the jury was based on evidence not presented to the jury.2 (5) Delaware law strongly disfavors a juror s impeachment of the verdict once the jury has been discharged. This standard has been codified by Rule 606(b) of the Delaware Rules of Evidence, which states: Inquiry into the validity of verdict or indictment. Upon inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury s deliberations or to the effect of anything upon his or any other juror s mind or emotions as influencing him to assent to or dissent from the verdict or indictment or concerning his mental processes in connection therewith, except that a jury may testify on the question of whether extraneous prejudicial information was improperly brought to the jury s attention or whether any outside influence was improperly brought to bear on any juror. Nor may his affidavit or evidence of any statement by him concerning a matter about which he would be precluded from testifying be received for these purposes.3 1 Klint v. Brennan, Del Super., C.A. No. 99C-09-022, Del Pesco J. (June 16, 2004) (Letter Op.) at 7. 2 The affidavit stated that one of the jurors was a teacher who said that, returning to work as a teacher would not be as easy a process as it was portrayed because the recertification process would be difficult. Affidavit of David E. Black, PH.D., Nov. 18, 2003, at 1. In addition, a juror indicated that one of the plaintiff s medications was addictive, and plaintiff could not be on that type of medication for the rest of her life. Id. 3 D.R.E. 606(b). 2 (6) There is nothing in Black s affidavit reporting the jurors statements which indicates that extraneous prejudicial information or outside influence prejudiced the jury s verdict. Such testimony is precluded by D.R.E. 606(b). Plaintiff s motion for reargument is denied. IT IS SO ORDERED. ________________________________ Judge Susan C. Del Pesco Original to Prothonotary xc: Joseph J. Rhoades, Esquire James J. Haley, Jr., Esquire 3
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