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Burke v. Scaggs1/27/2005
idence was insufficient to prove the standard of care with respect to the use of traction -- we hold that it was -- but that all the jurors might not have evaluated appellant's conduct against the same standard of care. Because we have no record basis for concluding that the jury's verdict was not grounded on a common understanding of appellant's breach of the standard of care, the same concern for judicial efficiency and respect for jury verdicts pertains. See Nimetz, 596 A.2d at 608. As noted, although there was expert testimony on a number of breaches of various applicable standards of care, the case presented to the jury was primarily focused on the use of excessive traction. See, supra, note 6. On this record, we perceive no reason to relieve appellant of the burden to create a record that persuades this court that error has occurred and that he has been prejudiced by it. See Newell v. District of Columbia, 741 A.2d 28, 33 (D.C. 1999).
In order for the issue to be sufficiently preserved on appeal, not only must a special verdict form be requested, but "counsel must state the request with specific precision to indicate the specific interrogatories that should be included in the special verdict form, object to their non-inclusion, and include the proposed special verdict form in the record on appeal." Id. The record shows that appellant agreed to a general verdict form, and did not request any special interrogatories. Thus, under Nimetz and its progeny, because appellant failed to request a special verdict form, he is estopped from arguing that the jury's verdict may rest on alternate theories of liability.
For the foregoing reasons, the judgment for appellees is Affirmed.
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