O'Brien v. Gaslin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that in a case tried under comparative negligence principles, three-fourths of the jury must agree as to both negligence and proximate cause, and only those jurors who so find may participate in the apportionment of comparative negligence
• holding that in a case tried under comparative negligence principles, three-fourths of the jury must agree as to both negligence and proximate cause, and only those jurors who so find may participate in the apportionment of comparative negligence
• noting that the full jury is to deliberate as to negligence and proximate cause
• applying plain error where jury interrogatories were inconsistent with each other and there was no general verdict
• indicating a party can waive an issue with inconsistent jury interrogatories if an objection was possible before the jury was discharged as having the same jury reconcile inconsistencies promotes judicial economy
• expressing the view, in light of the diluting effect associated with tallying differing majorities garnered across any number of special interrogatories to arrive at a verdict, that the \any majority\ rule represents a form of \substituting efficiency over substantive justice\

Source: CourtListener parenthetical corpus (CC0).