Supreme Court of Alabama

Ankor Energy, LLC, and Ankor E&p Holdings Corporation v. Jerry M. Kelly, Sr. Jerry M. Kelly, Sr. v. Ankor Energy…

August 24, 2018271 So. 3d 798

Summary

The court held that the trial court abused its discretion by considering an unsworn handwritten juror statement and by granting a new trial based on alleged juror misconduct. The admissible evidence showed only that a juror conducted limited research, did not share the information, and stated that it did not affect her verdict, which did not establish actual or presumed prejudice. The court also affirmed the denial of the Kellys' alternative new-trial grounds because the arguments were inadequately supported and the expert testimony fell within the scope of the expert's prior disclosure.