Simmons v. Garces

In this appeal we are asked to determine whether the jury’s answer to a special interrogatory is incompatible with the jury’s general verdict, and, if so, whether the special interrogatory controls. A jury returned a general verdict in the amount of $675,000 against defendant Dr. Rolando M. Garces and in favor of plaintiffs Jennifer Simmons (Jennifer) and Harold King (Harold), who had brought a medical malpractice action against Dr. Garces following the death of their infant daughter, LaTonya King. The jury also answered “No” to the special interrogatory: “Did dehydration contribute to cause…