Phillips v. City of Garfield Heights

I respectfully dissent from that part of the judgment which reverses the verdict in favor of Boyas Excavating and Peter Boyas, and remands the case for a new trial. The majority claims that the court erred by failing to submit general verdict forms to the jury pursuant to Civ.R. 49. However, the majority also states, and the record reflects, that the parties stipulated that only interrogatories would be submitted to the jury, and that the court would enter judgment according to the interrogatories. Appellants objected to the court’s refusal to submit some of their interrogatories to the jury.…