Jo Ann Hood v. Elizabeth McElroy, as Personal Representative of the Estate of Austin Taylor Terry

Summary

The court held that the trial court exceeded its discretion by granting a new trial based solely on a juror's failure to disclose two uncontested small-claims collection actions. The voir dire questions were ambiguous in context, the undisclosed matters were not objectively material enough to establish probable prejudice, and the record did not support a finding of willful nondisclosure. The court reversed that order but remanded for the trial court to address the estate's other grounds for a new trial. Justice Shaw concurred in the result on the ground that the estate prevailed and the jury foreman's affidavit undermined any claim that the juror affected the damages award; Justice Main, joined by the specified justices, would have affirmed because the trial court acted within its considerable discretion.