State v. Dieringer

ROONEY,* Justice,

dissenting.

The verdict form and the verdict in this case were fatally defective. Although settlement was reached with defendant Jack Oakley and the State with reference to liability based on Oakley’s negligence, and although a release and covenant not to sue was given with reference thereto, he was not included on that portion of the verdict form which allocated the percentage of negligence.

The verdict read:

“1. Considering all of the fault that produced the injury to the plaintiffs at 100%, what percentage of the total fault do you attribute to each of the following: “Glen…