Vaillancourt v. Gagnon

POMEROY, Justice.

Plaintiff Vaillancourt’s automobile was in collision with one driven by defendant Gagnon. Vaillancourt filed a complaint against Gagnon, seeking to recover damages for both personal injuries and property damage.

Gagnon filed a counterclaim. The issue being joined, the parties went to trial be fore the Court and a jury. During the trial the parties stipulated,

“. . . that the Court will not submit to the jury any verdict form relative to the counterclaim, it being stipulated and agreed that should the jury return a defendant’s verdict on the Complaint, the Court will enter…