
    Ex parte BOWEN DEVELOPMENT AND TIMBER COMPANY and Willie Byrd. (Re Billy Ray NESMITH, executor of the estate of J.C. Kimbro, deceased v. BOWEN DEVELOPMENT AND TIMBER COMPANY and Willie Byrd).
    89-982.
    Supreme Court of Alabama.
    June 8, 1990.
    David F. Daniel of Brown, Hudgens, Richardson, P.C., Mobile, for petitioner.
    Earl V. Johnson, Andalusia, for respondent.
   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.  