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RILEY v. K MART CORP.

No. 88-1439.

864 F.2d 1049 (1988)

William RILEY, Appellee, v. K MART CORPORATION, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 29, 1988.

As Amended January 12, 1989.

Attorney(s) appearing for the Case

Audrey L. Jacobsen (argued), Charles W. Craven, John J. Coffey, Marshall, Dennehey, Warner, Coleman and Goggin, Philadelphia, Pa., for appellant.

Drew P. D'Angelo, Joseph P. Stampone, Elizabeth A. Gray (argued), Philadelphia, Pa., for appellee.

Before HUTCHINSON, SLOVITER, Circuit Judges, and GERRY, District Judge.

OPINION OF THE COURT

GERRY, District Judge:

This appeal addresses whether a judgment for a plaintiff may be supported by a set of jury responses directly contradictory to and irreconcilable with a prior set of answers which, if they had been accepted, would have required a verdict for the defendant as a matter of law under the applicable comparative negligence statute. We conclude that it cannot.

I. BACKGROUND

On May 17, 1984, William...

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