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.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.
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.