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JOHNSON v. ABLT TRUCKING CO., INC.

No. 03-3052.

412 F.3d 1138 (2005)

Earl JOHNSON, Plaintiff-Appellee, v. ABLT TRUCKING CO., INC., and Ted Tammen, an individual, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 15, 2005.

Attorney(s) appearing for the Case

Stephen M. Kerwick, (Jay F. Fowler, with him on the briefs) Foulston Siefkin, LLP, Wichita, Kansas, for Defendants-Appellants.

Jack Tracy, Purcell, Oklahoma (Kathleen N. Wohlgemuth, Martin & Churchill, Chtd., Wichita, Kansas, with him on the briefs) for Plaintiff-Appellee.

Before McCONNELL, TYMKOVICH, and HOLLOWAY, Circuit Judges.

McCONNELL, Circuit Judge.

The Seventh Amendment right to a jury trial does not permit entry of a judgment when a jury's verdict is internally inconsistent. This can occur when, instead of rendering a single general verdict (such as "the defendant owes the plaintiff $100"), the jury renders a "special verdict" (written findings on each issue of fact) or a general verdict accompanied by answers to interrogatories. This Court...

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