Luis M. Rivera v. Evangelio La Porte

MILTON POLLACK, Senior District Judge:

(Dissenting).

I respectfully dissent.

The majority opinion characterizes the procedure in the district court as impaired in critical respects affecting the jury’s consideration of the case. However, there are too many defects to be cured to accept the result as serving the ends of justice.

In my opinion, the inadequacy and the inconsistency of the jury’s responses cannot be overlooked or explained away successfully. The case was tried at a single trial on a single count complaint asserting a rolled-up liability of the defendant for various reasons scattered…