Motion for New Trial
Defendant Jazzlyn Rae Ayala’s motion for new trial on each of four specified grounds or, in the alternative, for remittitur is DENIED.
As for defendant’s motion for new trial on the ground of juror misconduct, the motion is based on alleged concealed bias on voir dire. The Court finds the proffered evidence is insufficient to establish juror misconduct. It is undisputed that the subject juror is an acquaintance of Mr. Bixby’s paralegal. There is no evidence, however, the subject juror concealed this fact in response to any question from counsel or the Court during voir dire or at any time during trial. Ms. Aguiar was plaintiff’s trial counsel and she was the only attorney for plaintiff the prospective jurors were made aware of by the Court in voir dire. Mr. Bixby was not introduced as an attorney or discussed during voir dire, and did not sit at counsel’s table at any time during trial. Mr. Bixby’s paralegal, from the jury’s perspective, was a member of the audienc
Hearing Date
April 18, 2018
Type
(23): Limited Other PI/PD/WD $10,000.00-$24,999.99
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Motion for New Trial
Defendant Jazzlyn Rae Ayala’s motion for new trial on each of four specified grounds or, in the alternative, for remittitur is DENIED.
As for defendant’s motion for new trial on the ground of juror misconduct, the motion is based on alleged concealed bias on voir dire. The Court finds the proffered evidence is insufficient to establish juror misconduct. It is undisputed that the subject juror is an acquaintance of Mr. Bixby’s paralegal. There is no evidence, however, the subject juror concealed this fact in response to any question from counsel or the Court during voir dire or at any time during trial. Ms. Aguiar was plaintiff’s trial counsel and she was the only attorney for plaintiff the prospective jurors were made aware of by the Court in voir dire. Mr. Bixby was not introduced as an attorney or discussed during voir dire, and did not sit at counsel’s table at any time during trial. Mr. Bixby’s paralegal, from the jury’s perspective, was a member of the audienc