Is a jury required to award separate verdicts in a motor vehicle accident case?

California, United States of America


The following excerpt is from Kuhlmann v. Pascal & Ludwig, 5 Cal.App.3d 144, 85 Cal.Rptr. 199 (Cal. App. 1970):

While failure to require the jury to segregate its awards may be harmless error in some cases, as here, that practice should not be given the imprimatur of this court. The parties are entitled to a finding by the jury of the amount due the employer-insurer, 1 if for no other reason than to insure the jury's consideration of this item and to give added meaning to the additional award, if any there be, to the injured plaintiff. Labor Code 3856 does not dispense with the requirement of separate verdicts. That section merely directs the trial judge to fix priorities in the awards. (Cf: Eldridge v. Truck Ins. Exchange, 253 Cal.App.2d 365, 61 Cal.Rptr. 347 (1967).) I do not read Labor Code 3856 as adopting a procedure wherein separate verdicts are not required.

Other Questions


What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
Does section 3110 of the Ontario Motor Vehicle Code of Civil Procedure (Motor Vehicle Accident and Accident Benefits Act) apply to a mechanic's lien claimant? (California, United States of America)
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
What is the test for a jury to award a special verdict in a motor vehicle accident case? (California, United States of America)
Is an arbitrator bound to vacate an award of $1.5m awarded to a plaintiff in a motor vehicle accident case? (California, United States of America)
Does the phrase "as a result of" in a motor vehicle accident apply to a section of the Motor Vehicle Accident Act? (California, United States of America)
Does the error in the form used in the on or around verdict form in a motor vehicle accident case constitute a harmless beyond a reasonable doubt? (California, United States of America)
What is the test for a defendant in a motor vehicle accident case to argue that the accident was not a crime? (California, United States of America)
What is the defense of accident or misfortune in a motor vehicle accident case? (California, United States of America)
What is the relevant case law on the sufficiency of evidence in a motor vehicle accident case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.