Webb v. Navistar International Transportation Corp.

Although there are three votes in this Court for reversal of the judgment below, the differences among the members of the majority are such that there is no direction to the trial court on how to proceed. Justice Dooley would remand with instructions to charge the jury on a theory of “pure” comparison; Justice Morse would remand with instructions to charge on the theory of comparative negligence (sometimes characterized as “half or nothing”) embodied in 12 V.S.A. § 1036; and Justice Peck would reverse because no form of comparative negligence was charged, but without any direction on…