Inconsistent Jury Verdicts in Civil Actions
McElhaney, John C.
Abstract
I. Vicarious Liability of Co-Defendant … A. General Problem and Solution … B. Joint Tortfeasors as Defendants … C. Indemnity Cases … D. The Comparative Negligence Doctrine II. Derivative Causes of Action … A. General Problem and Solution … B. Power to Grant a New Trial … C. Who May Complain of the Inconsistency III. Separate Cases Consolidated for Trial … A. General Problem and Solution … B. The Right to a Jury Trial IV. Other Related Fact Situations V. General Comments on Inconsistencies … A. Reconciliation of Apparent Inconsistencies in the Verdicts … B. Validity of General Verdicts Based on Alternative Pleas … C. Verdicts Which Are Silent as to One Party Defendant VI. Conclusion