Aetna Casualty & Surety Co. v. Niemiec

There are two reasons why I cannot concur in paragraphs two, three and four of the syllabus or in the majority opinion, which is based upon the conclusions that a “don’t know” answer by a jury to an interrogatory is not an answer thereto and that, where a jury gives such “don’t know” answers to interrogatories, there must be a mistrial notwithstanding a general verdict of such jury. These two reasons are:(1) The majority opinion ignores the contention of plaintiff appellant that the defendant appellees, by permitting the jury to be discharged without requesting that it be required to answer…