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Employers Casualty Company v. Dupaquier

United States Court of Appeals, Fifth Circuit
Nov 20, 1964
338 F.2d 336 (5th Cir. 1964)
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Summary

In Employers Casualty Co. v. Dupaquier, 338 F.2d 336 (5th Cir. 1964), this Court did not sanction waiver. Rather, we held that where a party had ample time to move for resubmission to a jury, but failed to do so, the court could reconcile answers to special interrogatories with the general verdict.

Summary of this case from Mercer v. Long Mfg. N.C., Inc.
See 2 Summaries

Opinion

No. 21232.

November 20, 1964.

Leonard B. Levy, Michael Osborne, and Dufour, Levy, Marx Lucas, New Orleans, La., for appellant.

David R. Normann and Normann Normann, New Orleans, La., for appellee.

Before TUTTLE, Chief Judge, JONES and ANDERSON, Circuit Judges.

Of the Second Circuit, sitting by designation.

PER CURIAM.

Such inconsistencies as existed between the answer to the special interrogatory and the jury's general verdict were apparent in ample time for appellant to have moved for resubmission to the jury. Upon failure of the party to move the Court to resubmit the case, it was not error for the Court to reconcile the answer with the verdict as it did. See Jefferson v. Taiyo Katun, 5 Cir. 1962, 310 F.2d 582. 5 Moore, Fed. Prac. ¶ 49.04 at p. 2211.

The judgment is affirmed.

Summaries of

Employers Casualty Company v. Dupaquier

United States Court of Appeals, Fifth Circuit
Nov 20, 1964
338 F.2d 336 (5th Cir. 1964)

In Employers Casualty Co. v. Dupaquier, 338 F.2d 336 (5th Cir. 1964), this Court did not sanction waiver. Rather, we held that where a party had ample time to move for resubmission to a jury, but failed to do so, the court could reconcile answers to special interrogatories with the general verdict.

Summary of this case from Mercer v. Long Mfg. N.C., Inc.

In Employers Casualty Company v. Dupaquier, 5 Cir., 338 F.2d 336 (1964) (per curiam), the Fifth Circuit held that the trial court did not err by reconciling the answer with the verdict as it did, after the appellant failed to move for resubmission to the jury.

Summary of this case from Cundiff v. Washburn
Case details for

Employers Casualty Company v. Dupaquier

Case Details

Full title:EMPLOYERS CASUALTY COMPANY, Appellant, v. August E. DUPAQUIER, Appellee

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 20, 1964

Citations

338 F.2d 336 (5th Cir. 1964)

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