McNamee v. Woodbury Congregation of Jehovah's Witnesses

I concur in the result because I agree, as does the majority, that it is well settled that quotient verdicts are invalid and I also agree that the directed articulation should be made.1 Justice Holmes once said: “[T]he jury has the power to bring in a verdict in the teeth of both [the] law and [the] facts.” Horning v. District of Columbia, 254 U.S. 135, 138, 41 S. Ct. 53, 65 L. Ed. 185 (1920). This is not so where the verdict is a quotient verdict.

I write separately because it should be made clear that the inquiry to ferret out the existence of a quotient verdict almost invariably requires…