Phelps v. Superior Court

Opinion

KINGSLEY, J.

This proceeding in mandate was initiated by a plaintiff in a personal injury action seeking to compel the trial court to enter an interlocutory judgment on certain special verdicts finding defendants derivatively liable by reason of their ratification of intentional torts committed by their agents, despite the fact a mistrial had been declared because the jury poll revealed inconsistency in the voting of jurors on issues pertaining to the comparative negligence issues in the action.

After commencement of this proceeding on June 28, 1982, the Supreme Court on July 1, 1982,…