Tincher v. Davidson

ON PETITION TO TRANSFER

DICKSON, Justice.

In this comparative fault case, the trial court declared a mistrial due to repeated calculation inconsistencies in the verdict forms returned by the jury. The plaintiff appealed, alleging that the trial court erred by failing to enter judgment on the jury's general verdict and by declaring a mistrial. The Court of Appeals affirmed, Tincher v. Davidson, 731. N.E.2d 485 (Ind.Ct.App.2000), and we granted transfer, 741 N.E.2d 1259 (Ind.2000) (table).

When the jury was sent to deliberate in this case, the trial court provided it with alternative general…