Leiterman v. Burnette

I must respectfully dissent from the majority opinion herein because I deem it was error for the trial court not to have submitted in the special verdict the questions requested by plaintiffs’ counsel with respect to whether the defendant Bryle Burnette was causally negligent as to management and control, and failure to stop for the arterial stop sign.

In evaluating evidence to determine whether it is proper to refuse to submit a requested question in a special verdict, the same test ought to be applied as in the case of passing on a motion for directed verdict. It is error to direct a verdict…