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EX PARTE COMBINED INS. CO. OF AMERICA

1961809.

706 So.2d 1187 (1997)

Ex parte COMBINED INSURANCE COMPANY OF AMERICA. (Re Henry CARTER and Betsy Carter v. COMBINED INSURANCE COMPANY OF AMERICA).

Supreme Court of Alabama.

November 21, 1997.

Attorney(s) appearing for the Case

Fred D. Gray and Stanley Gray of Gray, Langford, Sapp, McGowan, Gray & Nathanson, Tuskegee; Robert H. Turner, Marion; and Davis Carr and James W. Lampkin II of Carr, Alford, Clausen & McDonald, L.L.C., Mobile, for petitioner.

Ronald O. Gaiser, Jr., of Gaiser & Associates, Birmingham; and J. L. Chestnut, Jr., of Chestnut, Sanders, Sanders & Pettaway, Selma, for respondents.

MADDOX, Justice.

Combined Insurance Company of America ("Combined"), the defendant in an action pending in the Greene Circuit Court, petitions for a writ of mandamus directing Judge Eddie Hardaway, Jr., to declare a mistrial. Combined contends that it is entitled to a mistrial because, it says: (1) the jury is partial because one of the jurors is represented by the plaintiffs' counsel in another pending case and a few of the jurors know the plaintiffs; (2) the trial...

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