Nollenberger v. United Air Lines, Inc.

216 F.Supp. 734 (S.D. Cal. 1963); vacated, 335 F.2d 379 (9th Cir. 1963)


Nollenberger (P) sued in a wrongful death action. The jury was given 11 special interrogatories pursuant to Rule 49(b). These special interrogatories covered factors relevant to the determination of damages, such as life expectancy and probable earnings. The actual damages awarded in the general verdict were less than the total computed on the basis of the answers to the special interrogatories. P appealed alleging the answers were inconsistent with the general jury verdict. P wanted either a new trial or that more interrogatories be submitted to the jury and the damages be calculated on the basis of those answers.