[DOWNLOAD] "Mesecher V. County Of San Diego" by Fourth Appellate District, Division One Court of Appeal of California " Book PDF Kindle ePub Free
eBook details
- Title: Mesecher V. County Of San Diego
- Author : Fourth Appellate District, Division One Court of Appeal of California
- Release Date : January 01, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The defendants San Diego County and San Diego County Deputy Sheriff David Hawkins*fn1 appeal the judgment entered on the jury's verdict awarding plaintiff Lucy Mesecher damages of $114,880. As we shall explain we reject County's claim of jury misconduct, concluding the declarations from six jurors are inadmissible to impeach the verdict under Evidence Code section 1150, subdivision (a). We also conclude reversal is not required even though we agree with County that the separate jury verdicts on Mesecher's causes of action for battery and federal civil rights violation are inconsistent. We decide County's tactical decision to submit potentially conflicting questions for the jury to answer on the special verdict constitutes a waiver of County's right to assert prejudice on this ground. We therefore affirm the judgment.
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