George W. Brigham v. Hudson Motors

These are actions in negligence, warranty, and strict liability to recover damages for personal injuries and medical expenses resulting from an accident which occurred on September 26, 1972. Trial by jury with a view resulted in a verdict for the defendant in both actions. At the close of the evidence, the court granted the defendant's motion for dismissal of the count sounding in strict liability. During trial, plaintiffs moved for a mistrial based upon certain statements made by defense counsel in his argument to the jury, which motion was denied. Before verdicts were returned, plaintiffs again moved for a mistrial on the ground of jury misconduct. The trial court reserved decision on this motion. After verdict, the court granted the plaintiffs' motion to set aside the verdicts and for a mistrial, and denied the defendant's motion to recall and question a juror. The defendant moved for reconsideration of the decision denying its motion to recall and question a juror, which motion was denied. Exceptions to the above orders were duly taken, and all questions of law raised by these exceptions were reserved and transferred by Loughlin, J.