In what circumstances will the court rely on the declarations of three dissenting jurors in a motion for a new trial?
California, United States of America
The following excerpt is from Tillery v. Richland, 158 Cal.App.3d 957, 205 Cal.Rptr. 191 (Cal. App. 1984):
[158 Cal.App.3d 978] In Weathers v. Kaiser Foundation Hospitals (1971) 5 Cal.3d 98, 95 Cal.Rptr. 516, 485 P.2d 1132, a case heavily relied upon by appellant, the court stated at page 109, "All that we hold is that in the instant case, the court did not abuse its discretion in basing its findings [granting a new trial] on the declarations of the three dissenting jurors."
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