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09/19/2009 1:28 PM

SD Justices Uphold New Trial Of Googled Defendant

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The state Supreme Court affirmed a judge's ruling that a juror's Google search before a trial was legal grounds to overturn a jury's verdict.

The case stems from a 1999 accident near Hill City that killed driver Natasha Pendergrass, then 16, who was partially ejected. Her 10-year-old sister, Jessica Russo, was thrown into the back seat. A lawsuit filed against the maker of the vehicle's seat belts said the girls were buckled but the seat belts unlatched.

After a 17-day trial, the jury ruled in favor of Takata Corp. A judge later ordered a new trial after it was discovered that a juror did an Internet search on Takata after getting his jury summons. Takata appealed. But in a 5-0 decision, the court ruled the judge was right in granting a new trial.





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