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COSTA MESA/NEWPORT BEACH | COMMUNITY NEWS FOCUS

Bicyclist Hit by Bus Will Receive a New Trial

September 27, 1997|HOPE HAMASHIGE

A bicyclist who lost her leg in a collision with a Newport-Mesa Unified School District bus deserves a second trial in her personal injury lawsuit because of juror misconduct, an appellate court has ruled.

In an opinion this week, the 4th District Court of Appeal in Santa Ana upheld an Orange County Superior Court judge's decision to grant Patricia Ketchmark, 30 at the time of the accident, a second trial.

She sued the district, alleging the bus driver and district were at fault for the Nov. 15, 1991, collision on Coast Highway in Newport Beach.

A jury ruled in favor of the bus driver and district. But Judge Claude M. Owens ordered a new trial after learning the jury foreman had produced his own evidence during deliberations to try to prove the bus driver was not negligent.

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