Also known as:judgement on the verdict · judgments on the verdict · judgements on the verdict · judgment upon the verdict
Written by attorneys — see sources below.
A court order that resolves a case by giving effect to a jury's general verdict when that verdict is consistent with any accompanying answers to written questions. The order directs entry of judgment under Rule 58 once consistency is confirmed.
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How its tested
Common Examples
3
Consistent Answers Support Recovery
Jasmine Jordan sued Jiang Textiles after a machine malfunction caused her injury. The jury returned a general verdict for Jasmine and answered written questions by finding a design defect and that Jasmine bore no comparative fault. Because the answers aligned with the verdict, the court approved judgment on the verdict and answers.
Verdict Entered After Trial
Jada Jones and her husband sued a car dealer and manufacturer after a brake failure caused a crash. The jury returned a verdict for the defendants on the negligence claims. The trial court entered judgment on the verdict, ending the case in the defendants' favor.
Vandermark v. Ford Motor Co.61 Cal.2d 256 [37 Cal.Rptr. 896, 391 P.2d 168]
In October 1958, plaintiff Chester Vandermark bought a new Ford automobile from defendant Lorimer Diesel Engine Company, doing business as Maywood Bell Ford, an authorized Ford dealer. About six weeks later, while driving on the San Bernardino Freeway, he lost control of the car. It went off the highway to the right and collided with a light post. Vandermark and his sister, plaintiff Mary Tresham, suffered serious injuries.
Vandermark had driven the car approximately 1,500 miles before the accident. He used it primarily in town but drove it on two occasions from his home in Huntington Park to Joshua Tree in San Bernardino County. He testified that the car operated normally before the accident except once when he was driving home from Joshua Tree. He was in the left-hand westbound lane of the San Bernardino Freeway when traffic ahead slowed. He applied the brakes and the car started to make a little dive to the right. It continued on across the two lanes of traffic till she hit the shoulder. Whatever it was then let go and he was able to pull her back into the road. He drove home without further difficulty. He took the car to Maywood Bell for the regular 1,000-mile new car servicing before using it again. He described the freeway incident to Maywood Bell’s service attendant. Maywood Bell’s records do not indicate that any complaint was made.
After the car was serviced, Vandermark drove it in town on short trips totaling approximately 300 miles. He and his sister then set out on another trip to Joshua Tree. While driving in the right-hand lane of the freeway at about 45 to 50 miles per hour, the car started to make a little shimmy or weave and started pulling to the right. Vandermark tried to pull back but could not. He applied his brakes gently to see if he could straighten her up but could not pull her back to the left. He let off on the brakes and she continued to the right. He tried again to put on the brakes and she would not come back. All of a sudden this pole was in front of him and they smashed into it. Plaintiff Tresham testified to a substantially similar version of the accident. A witness for plaintiffs who was driving about 200 feet behind them testified that plaintiffs’ car was in the right-hand lane when he saw its taillights come on. The car started to swerve and finally skidded into the light post. An investigating officer testified that there were skid marks leading from the highway to the car.
Plaintiffs called an expert on the operation of hydraulic automobile brakes. In answer to hypothetical questions based on evidence in the record and his own knowledge of the braking system of the car, the expert testified as to the cause of the accident. It was his opinion that the brakes applied themselves owing to a failure of the piston in the master cylinder to retract far enough when the brake pedal was released. Hydraulic fluid should have been able to escape into a reservoir above the master cylinder through the bypass port. The expert also testified that the failure of the piston to retract sufficiently to uncover the bypass port could have been caused by dirt in the master cylinder, a defective or wrong-sized part, distortion of the firewall, or improper assembly or adjustment. The trial court struck the testimony of the possible causes of the failure of the piston to retract on the ground that there was no direct evidence that any one or more of the causes existed. Plaintiffs brought this action for damages against Maywood Bell Ford and Ford Motor Company. They pleaded causes of action for breach of warranty and negligence. The trial court granted Ford’s motion for a nonsuit on all causes of action. The trial court directed a verdict in favor of Maywood Bell on the warranty causes of action. The jury returned a verdict for Maywood Bell on the negligence causes of action. Plaintiffs appeal.
Judy Jacobs obtained a judgment against an insured driver and then sued the driver's insurer for bad-faith refusal to settle. After trial the jury returned a verdict for Jacobs. The court entered judgment on the verdict, holding the insurer liable for the full amount.
Comunale v. Traders & General Ins. Co.50 Cal. 2d 658
Mr. and Mrs. Comunale were struck in a marked pedestrian crosswalk by a truck driven by Percy Sloan. Mr. Comunale was seriously injured, and his wife suffered minor injuries. Sloan was insured by defendant Traders and General Insurance Company under a policy that contained limits of liability in the sum of $10,000 for each person injured and $20,000 for each accident.
Sloan notified Traders of the accident and was told that the policy did not provide coverage because he was driving a truck that did not belong to him. When the Comunales filed suit against Sloan, Traders refused to defend the action, and Sloan employed competent counsel to represent him. On the second day of the trial Sloan informed Traders that the Comunales would compromise the case for $4,000, that he did not have enough money to effect the settlement, and that it was highly probable the jury would return a verdict in excess of the policy limits. Traders refused, and the trial proceeded to judgment in favor of Mr. Comunale for $25,000 and Mrs. Comunale for $1,250.
Sloan did not pay the judgment, and the Comunales sued Traders under a provision in the policy that permitted an injured party to maintain an action after obtaining judgment against the insured. In that suit judgment was rendered in favor of Mr. Comunale for $10,000 and in favor of Mrs. Comunale for $1,250. This judgment was satisfied by Traders after it was affirmed in Comunale v. Traders & General Ins. Co., 116 Cal.App.2d 198 [253 P.2d 495].
Comunale obtained an assignment of all of Sloan's rights against Traders and then commenced the present action to recover from Traders the portion of his judgment against Sloan which was in excess of the policy limits. The jury returned a verdict in Comunale's favor, but the trial court entered a judgment for Traders notwithstanding the verdict.
When must a court enter judgment on the verdict and answers?
A court must enter judgment on the verdict and answers when the general verdict and the written answers are consistent with each other. The rule requires the court to approve an appropriate judgment for entry under Rule 58 in that situation.
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What happens if the general verdict and answers are consistent?
The court must approve judgment on the verdict and answers for entry. This outcome respects the jury's overall determination while incorporating the specific factual findings.
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Who enters judgment after a general jury verdict?
The clerk promptly prepares, signs, and enters judgment on a general verdict unless the court orders otherwise. This ministerial duty applies even when the verdict includes components such as attorney's fees.
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Can the court enter judgment when answers mathematically match the verdict total?
Yes. When the answers are consistent with the general verdict, the court must deny any motion to set the verdict aside and must enter judgment on the verdict and answers.
Supporting sources
6 N.H. 481, 26 Am.Dec. 713
…sustain an action for farther damages. Applying the principles thus laid down, to this case, the plaintiff is entitled to judgment on the verdict. The defendant sets up a mere breach of the contract in defence of the action, but this cannot avail him. He does not appear to have offered evidence to show that he was damnified by such…