Texas Employers’ Insurance Association, Petitioner v. Myrtle Ivy McCaslin, Respondents

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the plaintiff's improper communication with a juror constituted jury misconduct that created probable prejudice under Rule 327, and therefore the motion for a new trial should have been granted. The Court emphasized that no proof of actual injury is required when the overt act itself is highly prejudicial.