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Carlson v. Locatelli3/24/1993
ration). We further intimated the desirability of clarifying the verdict immediately, as “the time to determine whether a verdict is inconsistent with
[109 Nev. 257, Page 263]
Nevada law is before the court dismisses the jury.” Amoroso Constr., 107 Nev. at 298, 810 P.2d at 778; see Eberhard Mfg. Co., 97 Nev. at 273, 628 P.2d at 682 (policy considerations favor the correction of any errors or irregularities in a verdict at the trial level, prior to the discharge of the jury.) In fact, where a jury returns an inconsistent verdict, it is “incumbent” upon the trial court to attempt to clarify the verdict, and such an effort to determine what the jury intended by its verdict generally will not impermissibly delve into the mental processes of the jury in reaching the verdict. Amoroso Constr., 107 Nev. at 298, 810 P.2d at 778. Where possible, the verdict should be salvaged so that no new trial is required. See id.; see also Brascia v. Johnson, 105 Nev. 592, 596 n.2, 781 P.2d 765, 768 n.2 (1989) (where inconsistent verdicts are returned, party must challenge the verdicts before the jury is discharged and “failure to object while the jury still available and able to clarify its verdict constitute a waiver”).
The district court in this case erred in granting a new trial because the jury did not manifestly disregard Jury Instruction No. 4. The district court also erred in failing to make a more concerted effort to save the jury's verdict prior to dismissing the jury. Where we can save a jury verdict by making a simple calculation, we will. The statements of the jury foreman clearly indicate the figure of $160,000.00 on the general verdict form represents the jury's computation of Carlson's net recovery, taking into account Carlson's contributory negligence. By extrapolation, using the jury's determination that Carlson was ten percent responsible for her injuries and Locatelli was ninety percent responsible, we find the jury awarded Carlson $177,777.77 in total damages. While this is an unusual figure, we have no reason to doubt that the jury made all appropriate and necessary calculations.
We have carefully considered Carlson's other contentions of error, and we find them to be without merit. Accordingly, we reverse the district court's order granting a new trial and remand this case to the district court with instructions to reinstate the jury verdict with a net recovery of $160,000.00 and to enter judgment accordingly.
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