McDowell v. Schuette

David and Donna McDowell (plaintiffs) sued the Schuettes (defendants) for the balance owed on a house they built, and the Schuettes counterclaimed that the construction was defective. With expert witnesses disagreeing about the alleged defects, the trial judge arranged for jurors to be driven by van to view the house, instructing them not to discuss the house with each other or with the driver, and excluding the court reporter and both parties' lawyers from the trip. After the jury found for the McDowells, the Schuettes' lawyer discovered the McDowells owned the van and that one of their employees had driven it, but presented no evidence the jurors discussed the case with the driver or knew who owned the vehicle. The judge denied a motion for a new trial, and the Schuettes appealed, arguing the jury view was itself unrecorded, unreviewable evidence.