Johnson v. SchonlawAnnotate this Case
Petitioner Albert Johnson sought review of the court of appeals’ judgment reversing jury verdicts in his favor on personal injury claims against Ryan Schonlaw and VCG Restaurants of Denver, Inc. At the close of the case, the district court overruled the objections of Schonlaw and VCG to its announced decision to allow the alternate to deliberate to verdict with the other jurors. The court of appeals concluded that the trial court had erred in allowing an alternate juror to participate in jury deliberations over the objection of a party, and that the error gave rise to a presumption of prejudice, which remained unrebutted by Johnson, and therefore required reversal. The Colorado Supreme Court determined the error in this case did not affect the substantial rights of either Schonlaw or VCG, and it should have been disregarded as harmless, as required by C.R.C.P. 61. The judgment of the court of appeals was therefore reversed, and the case was remanded for further proceedings.