Ex parte Bowen Development & Timber Co.

564 So. 2d 976, 1990 Ala. LEXIS 524, 1990 WL 120272

Opinion

SHORES, Justice.

By denying the petition for writ of certio-rari we do not indicate approval of the language used by the Court of Civil Appeals that suggests a new trial must be ordered only if juror misconduct indicates a “distinct possibility” that the juror reached his decision because of that misconduct. We adhere to the rule articulated in Coots v. Isbell, 552 So.2d 139 (Ala.1989).

WRIT DENIED.

HORNSBY, C.J., and JONES, HOUSTON and KENNEDY, JJ„ concur.