Weaver v. Westchester Fire Insurance Co.
In a workers' compensation suit, the trial court issued a take-nothing judgment against Ray Weaver. Weaver moved for a new trial, alleging improper jury influence, and his request for a court reporter for the motion hearing was denied. The court of appeals affirmed, holding Weaver waived error by not seeking a narrative or agreed statement. The current court, while disapproving the court of appeals' waiver conclusion regarding the denial of a court reporter, ultimately refused Weaver's application for writ of error. The court found that the juror's affidavit supporting the motion for new trial did not demonstrate actual "outside influences" on the jury as required by Tex.R.Civ.P. 327, thus the trial court correctly overruled the motion.