MENINO v. MUTH


2006 Mass. App. Div. 76 (2006)

Joe Menino v. Barbara Muth.

Massachusetts Appellate Division, Western District.

April 24, 2006.


Attorney(s) appearing for the Case

Gary Liquori for the plaintiff.

June A. Harris for the defendant.

Present: LoConto, P.J., Brennan & Gardner, JJ.


LoConto, P.J.

It is undisputed that there was an inconsistency in the special verdict initially returned by the jury in this motor vehicle tort case. The issue on appeal is the correctness of the trial judge's response to the inconsistency to reach the jury's intended result. The scenario was as follows. The judge presented the jury with six special questions. (See Appendix). The jury's initial response to the special questions was "yes" to the first two questions...

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