Phipps v. Patterson

SPENCE, J.

This is an appeal from an order denying plaintiff’s “motions to correct verdicts and to correct judgments entered pursuant to verdicts”.

[546]

Upon the trial, the jury returned two separate verdicts. In one, the jury found in favor of plaintiff and against defendant F. J. Patterson and assessed damages in the sum of $2,500. In the other, the jury found in favor of plaintiff and against defendant Helen M. Patterson and assessed damages in the sum of $2,500. Judgment was entered that plaintiff have and recover from defendant F. J. Patterson the sum of $2,500 and that plaintiff have and recover from defendant Helen M. Patterson the sum of $2,500.

The motion of plaintiff was for an order changing the figures “$2,500” in each of said verdicts to read “$5,000” and to change the figures in the judgment in like manner. Said motion was made upon the ground that said corrections were necessary to correct a mistake of the jury and was based upon the affidavits of the jurors. Defendants moved to strike the affidavits of the jurors upon the ground that said affidavits could not be received to impeach the verdict. No ruling was made on defendants’ motion to strike but the trial court denied plaintiff’s motion upon the ground stated in support of defendants’ motion.

Appellant contends that the trial court erred in denying appellant’s motion but we find no merit in this contention. The rule is well settled in this jurisdiction that the verdict of a jury may not be impeached by the affidavits of the jurors except where the affidavits show that the verdict was arrived at by a resort to the determination of chance within the meaning of subdivision 2 of section 657 of the Code of Civil Procedure.

(Snoffer

v.

City of Los Angeles,

6 Cal. App. (2d) 14 [43 Pac. (2d) 852] ;

Sherwood

v.

Jackson,

126 Cal. App. 441 [14 Pac. (2d) 861];