Brown v. General Motors Corp.

I disagree with the position taken by the majority that the two-issue rule does not apply in workmen’s compensation cases. In so holding, the majority disregards the basic principle underlying the two-issue rule, viz., where the jury’s answer to a separate “question of law and fact” may decide the entire case, such “question” of necessity becomes a “determinative issue” of the case and, thereby, an “issue” within the meaning of the two-issue rule. It is true that in a workmen’s compensation case the jury ultimately decides whether the claimant should participate in the Workmen’s Compensation…