Chon Tri v. J.T.T.

The ultimate question in this case is whether the trial court was required to render a judgment other than the one it did based on the jury’s findings. There were two theories of liability — conspiracy and negligence. Conspiracy is a ground of recovery that has more than one element. Some but not all the elements of conspiracy were submitted to and found by the jury, and the trial court was not asked to and did not find the omitted elements. The trial court’s judgment did not include any recovery on the basis of conspiracy. In these circumstances, the omitted elements of conspiracy are…