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Baham v. Sullivan12/13/2005
e verdict and the comparative negligence instructions were inconsistent. Under the above quoted authorities, the lower court should have returned the jury to its room to further deliberate on a proper verdict. It was error to find from the verdict returned that the jury intended to find for the defendants under the instructions it had received.
Harrison, 379 So. 2d at 519.
. In our case, the jury was instructed to find for either the Bahams or Sullivan. Clearly, by its verdict, the jury did neither. As the supreme court instructed in Harrison, the trial court "should have returned the jury to its room to further deliberate on a proper verdict." Id. See also URCCC 3.10.
CONCLUSION
. After the rendering of a proper verdict by the jury, then and only then was the circuit judge authorized to enter a judgment upon that verdict. Since there was no proper verdict, it was improper for the circuit judge to enter a final judgment. Therefore, we reverse and remand for a new trial.
. THE JUDGMENT OF THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF HINDS COUNTY IS REVERSED, AND THE CASE IS REMANDED FOR A NEW TRIAL. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLEES.
KING, C.J., LEE AND MYERS, P.JJ., BRIDGES AND GRIFFIS, JJ., CONCUR.
CHANDLER, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION.
BARNES AND ISHEE, JJ., NOT PARTICIPATING.
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