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LEDBETTER v. HOWARD

No. 105,902.

276 P.3d 1031 (2012)

2012 OK 39

Guy T. LEDBETTER and Midge Ledbetter, individually and as husband and wife, Plaintiffs/Appellees, v. Derek G. HOWARD, D.O., and Radiology Services of Ardmore, Inc., jointly and severally, Defendants/Appellants.

Supreme Court of Oklahoma.

April 24, 2012.

Attorney(s) appearing for the Case

Tom L. King, Richard M. Glasgow, Justin T. King, King Law Firm, Oklahoma City, Oklahoma, for plaintiffs/appellees.

Hilton H. Walters, R.Gene Stanley, Rife & Walters, Oklahoma City, Oklahoma, for defendants/appellants.

Allison A. Cave, Allison A. Cave, PLLC, Edmond, Oklahoma.

WATT, J.:

¶ 1 We granted certiorari to address a single issue: whether the trial court erred in granting a motion for new trial on grounds of juror misconduct.1 Resolution of this issue requires us first to answer the question of whether the juror's affidavit was properly submitted as evidence in the hearing on the request for new trial.

¶ 2 We hold that the juror's affidavit demonstrating the injection into the deliberative...

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