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Dunbar v. Thompson8/14/1995
ury was so instructed by the Judge, we are not inclined to interpret the special verdict award of special damages in this case as including an award for pain and suffering. The exceptions to the general rule are thus not applicable in this case, and we are unable to reconcile the jury's special verdict.
IV. Conclusion
The trial court erred when it denied Plaintiff's motion for a new trial because (1) the jury's answers to the questions posed by the special verdict form regarding Pentagram's liability were inconsistent, and (2) the jury's award to Plaintiff of special damages but no general damages was improper.
Accordingly, we vacate the judgment of the trial court and remand for a new trial.
On remand, we strongly recommend that the trial court, as a preface to the questions on the special verdict form and also in the court's instructions, specifically inform the jury about the answers or findings which will render unnecessary an answer to the comparative negligence question.
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