Davis v. Consolidated Oil & Gas, Inc.

In this case, the majority makes an assumption of procedural fact and redefines the English language to sustain a jury verdict in the face of an erroneous special verdict form which submitted a case to the jury for decision that had not been presented as the issues of the litigation. Agreeing to do neither, I dissent.

I agree with appellants in their contention that allowable discretion of the trial court in procedural decisions was exceeded in late granted authorization to appellees for additional expert witnesses and in denied rebuttal evidence presented for use by appellants. However, in…