Naumburg v. Wagner

OPINION

HENDLEY, Judge.

Defendant appeals an adverse jury verdict concerning a Wagoneer-motorcycle collision. Three points are raised for reversal. We affirm.

Point I: “THE REQUIRED NUMBER OF JURORS DID NOT AGREE ON THE VERDICT AS REQUIRED BY N.M.S.A. 21-1-1(48) (b).”

The polling of the jury showed that eleven jurors found liability. The twelfth juror, Piatt, thought both plaintiff and defendant were negligent. Nevertheless, she went along with the vote assessing $30,-000.00 as damages. Two of those who had voted for liability did not agree on the assessment of damages. Whether their vote was for…