 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Carlson v. Locatelli3/24/1993
Per Curiam:
Appellant Katheryn Carlson (Carlson) brought suit against respondent Battista Antonio Locatelli (Locatelli) for personal injuries sustained on Locatelli's premises. At the conclusion of the trial, the district court sent the jury into the deliberating room with a general verdict, calling for total damages, and a special verdict, calling for an apportionment of comparative negligence. The jury returned after completing only the general verdict form, which awarded Carlson $160,000.00. The district court's oral examination of the jury foreman revealed that the jury determined the parties' comparative negligence, Carlson's total damages, and Carlson's net recovery, and the jury entered Carlson's net recovery on the general verdict form, which called for total damages without reduction for contributory negligence. The district court ordered a new trial. Because the verdict of the jury is clear from the statements of the foreman, we reverse the order granting a new trial and remand to the district court with instructions to reinstate the jury verdict with a net recovery of $160,000.00.
Facts
Carlson brought suit against Locatelli for personal injuries sustained when she slipped and fell at a restaurant owned by Locatelli. The first trial resulted in a mistrial because the jury, which found Locatelli liable, failed to reach a verdict as to damages. At the conclusion of the second trial, the jury was sent into the deliberating room with, among other things, a general verdict form, a special verdict form, and a copy of Jury Instruction . The general verdict form instructed the jury to
[109 Nev. 257, Page 259]
determine Carlson's total damages, without reduction for any contributory negligence by Carlson. The special verdict form instructed the jury to determine the comparative negligence of both Carlson and Locatelli. The jury returned the general verdict form, awarding Carlson $160,000.00 in damages, but failed to complete the special verdict form.
The district court inquired of the jury foreman as to why the jury did not complete the special verdict form. The foreman stated it was merely an oversight, that the jury had calculated relative fault, and that the sum appearing on the general verdict form was the bottom line result after all the jury's calculations, including reduction of the award according to Carlson's percentage of negligence. The district court directed the jury to return to the deliberating room with the special verdict form, while the district court retained the general verdict. The jury returned a special verdict allocating ten percent negligence to Carlson and ninety percent negligence to Locatelli.
Locatelli filed a motion for declaration of mistrial and for a new trial. The district court granted Locatelli's motion for declaration of mistrial, concluding the jury did not understand the instructions accompanying the special verdict and did not follow them. The district court did not purport to rule on the motion for a new trial.
Discussion
Jurisdiction
Locatelli challenges this court's jurisdiction to hear an appeal from the district court's “Order for Declaration of Mistrial,” since an order declaring a mistrial is not generally appealable. See Esnault v. Waterman Steamship Corp., 449 F.2d 1296, 1297 (5th Cir. 1971); In re Estate of Bartholomae, 68 Cal.Rptr. 332, 333-34 (Cal.Ct.App. 1968); see also 15B Charles A. Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 3915.1 (1992) (“ rders granting a mistrial . . . are not final” and therefore not appealable); 9 B.E. Witkin, California Procedure, Appeal § 87 (3rd ed. 1985) (or
Page 1 2 3 4 Nevada Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|