Ogden v. J.M. Steel Erecting, Inc.

OPINION

GARBARINO, Judge.

¶ 1 The pivotal issue is whether the defendants are entitled to a new trial because the jury failed to allocate some degree of fault to a non-party, even though the parties stipulated that the non-party proximately caused the relevant injuries. Here, the jury disregarded the stipulation and apportioned 100% of fault to the party defendants. We hold that a jury must allocate some degree of fault to a stipulated non-party at fault. Accordingly, we remand for a new trial.

¶ 2 We must also decide if we should vacate the jury’s verdict in its entirety and remand for a trial…