Legal Opinion · Dissent

Pacheco v. Safeco Insurance Co. of America

Idaho Supreme Court

Decided July 21, 1989No. 16993Published

1DissentBistline, Justice

I

One inescapable fact which does not appear in the majority opinion is that the verdict was not unanimous. Indeed, if there had been one less juror who would sign the verdict, there would have been no verdict. Nine signed, and nine is the bare requirement necessary to reach a verdict in Idaho civil law. The verdict was a special verdict consisting of a first question which called for a yes or no answer, “Did the Plaintiff Wilford Pacheco intentionally set the fire which caused his loss?” Only if the jury returned a “no” answer did it have any further questions to answer.

At the conclusion of…

2Cases cited27 opinions

  1. Jo Ann Homes at Bellmore, Inc. v. DworetzNew York Court of Appeals · 1969
  2. People v. . FitzgeraldNew York Court of Appeals · 1898
  3. Ajax Hardware Manufacturing Corporation v. Industrial Plants CorporationCourt of Appeals for the Second Circuit · 1977
  4. Commissioner of Public Welfare v. RyanAppellate Division of the Supreme Court of the State of New York · 1933
  5. Smith v. KingIdaho Supreme Court · 1979

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