Civil Procedure Keyed to Friedenthal
Robb v. John C. Hickey, Inc
The case required the jury to decide whether the Defendant had been negligent and whether the Plaintiff had been contributorily negligent. The jury was instructed that if it found the Plaintiff’s decedent to be contributorily negligent, it did not have to address the comparative degrees of negligence. The jury came back with a verdict that found the Defendant more negligent than the Plaintiff and awarded the Plaintiff $2,000. Both parties were unhappy with the verdict. Plaintiff argued that the verdict was unambiguous and contrary to the charge of the court and the Defendant upon notice moved to have the verdict molded because the jury’s intent was clear in finding for the Defendants.
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