A plaintiff sues for 100,000. The jury returns a general verdict for the plaintiff for 50,000, but in response to a special interrogatory, the jury finds the defendant was not negligent. How may the court proceed under Rule 49(b)(3)?

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Federal Rules of Civil Procedure (FRCP) QUESTION #5680

Question 1

A plaintiff sues for $100,000. The jury returns a general verdict for the plaintiff for $50,000, but in response to a special interrogatory, the jury finds the defendant was not negligent. How may the court proceed under Rule 49(b)(3)?

The court must enter judgment on the $50,000 verdict.
The court may enter judgment according to the answers (for the defendant), direct the jury to further consider, or order a new trial.✔️
The court must order a new trial.
The court must enter judgment for the plaintiff but reduce the award further.

Correct Answer Explanation

Under Rule 49(b)(3), if the answers are consistent with each other but one or more is inconsistent with the general verdict, the court may enter judgment according to the answers, notwithstanding the general verdict, or take other specified actions.

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