WILLIAM H. WORLEY, ET AL. v. RARITY COMMUNITIES, INC., ET AL. - Articles

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Posted by: Tanja Trezise on Jul 30, 2013

Court: TN Court of Appeals

Attorneys 1:

Gerald L. Gulley, Jr., Knoxville, Tennessee, for the appellants, Rarity Communities, Inc., Nickajack Shores Holdings, LLC, and Michael L. Ross.

Attorneys 2:

John P. Konvalinka, David E. Harrison, Katherine H. Lentz, Chattanooga, Tennessee, for the appellees, William H. Worley, Rebecca A. Worley, and Bill Worley Construction Co., Inc.

Judge(s): COTTRELL

Following a trial where Plaintiffs were awarded compensatory and punitive damages, Defendants filed a motion seeking a new trial based on juror misconduct. Defendants alleged the jurors arrived at the punitive damages amount using a quotient, or gambling, verdict. The trial court denied Defendants’ motion for a new trial and Defendants appealed. We affirm the trial court’s judgment because the jurors’ affidavits indicate that not all jurors agreed in advance to be bound by the mathematical process involved in arriving at a quotient verdict.

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