Krueger v. Winters

The issue before this court on appeal is: Should the plaintiff be allowed to disclaim or waive an item of damages in the special verdict thereby expunging the effect of a dissent to that item so as to cure an otherwise defective verdict?

The pertinent statute is sec. 270.25 (1), which provides :

“Verdicts; five-sixths; directed. (1) A verdict agreed to by five-sixths of the jurors shall be the verdict of the jury. If more than one question must be answered to arrive at a verdict on the same cause of action, the same five-sixths of the jurors must agree on all such questions.”

This court has…