Tricam Industries, Inc. v. Coba

While I agree with the rest of the opinion, I disagree in two fundamental respects with the court’s treatment of the “inconsistent verdict” question. In my view:

a) The appellant waived the right to complain of any inconsistent verdict because of its failure to request that the conflict be resolved by the jury after its allegedly flawed verdict was returned.

b) Even if this were not so, the appropriate remedy is not, as the majority does, simply to resolve the conflict in favor of appellant but a new trial so that a jury and not the court may decide the question.

It is true, as the court says,…