Section 4111. General and special verdicts and written interrogatories  


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  • (a) General and special verdict defined. The court may direct  the  jury
      to find either a general verdict or a special verdict. A general verdict
      is  one  in  which  the  jury  finds in favor of one or more parties.  A
      special verdict is one in which the jury finds the facts  only,  leaving
      the court to determine which party is entitled to judgment thereon.
        (b)  Special  verdict.    When  the  court requires a jury to return a
      special verdict, the court shall submit to the  jury  written  questions
      susceptible  of  brief  answer  or written forms of the several findings
      which might properly be made or  it  shall  use  any  other  appropriate
      method  of submitting the issues and requiring written findings thereon.
      The court shall give sufficient instruction to enable the jury  to  make
      its  findings  upon  each  issue.  If  the court omits any issue of fact
      raised by the pleadings or evidence, each party waives his  right  to  a
      trial  by jury of the issue so omitted unless before the jury retires he
      demands its submission to the jury.  As  to  an  issue  omitted  without
      demand, the court may make an express finding or shall be deemed to have
      made a finding in accordance with the judgment.
        (c)  General  verdict  accompanied by answers to interrogatories. When
      the court requires the jury to return a general  verdict,  it  may  also
      require written answers to written interrogatories submitted to the jury
      upon  one  or  more  issues  of  fact.  The  court shall give sufficient
      instruction to enable the jury to render a general verdict and to answer
      the interrogatories. When the answers are consistent with each other but
      one or more is inconsistent with the general verdict,  the  court  shall
      direct   the   entry   of  judgment  in  accordance  with  the  answers,
      notwithstanding the general verdict, or it shall  require  the  jury  to
      further  consider its answers and verdict or it shall order a new trial.
      When the answers are inconsistent with each other and  one  or  more  is
      inconsistent  with the general verdict, the court shall require the jury
      to further consider its answers and verdict or  it  shall  order  a  new
      trial.
        (d)  Itemized  verdict  in  medical,  dental, or podiatric malpractice
      actions.  In  all  actions  seeking  damages  for  medical,  dental,  or
      podiatric  malpractice,  or  damages  for  wrongful death as a result of
      medical, dental, or podiatric malpractice, the court shall instruct  the
      jury  that  if the jury finds a verdict awarding damages it shall in its
      verdict specify the applicable elements of special and  general  damages
      upon  which  the award is based and the amount assigned to each element,
      including  but  not  limited  to  medical  expenses,  dental   expenses,
      podiatric expenses, loss of earnings, impairment of earning ability, and
      pain  and  suffering. In all such actions, each element shall be further
      itemized into amounts intended to compensate for damages which have been
      incurred prior to the verdict and amounts  intended  to  compensate  for
      damages  to  be incurred in the future. In itemizing amounts intended to
      compensate for future wrongful death damages, future loss  of  services,
      and future loss of consortium, the jury shall return the total amount of
      damages  for each such item. In itemizing amounts intended to compensate
      for future pain and suffering, the jury shall return the  total  amounts
      of  damages for future pain and suffering and shall set forth the period
      of years over which such amounts are intended to  provide  compensation.
      In  itemizing  amounts  intended  to  compensate for future economic and
      pecuniary damages other than in wrongful death actions, the  jury  shall
      set  forth  as  to each item of damage, (i) the annual amount in current
      dollars, (ii) the  period  of  years  for  which  such  compensation  is
      applicable  and  the date of commencement for that item of damage, (iii)
      the growth rate applicable for the period  of  years  for  the  item  of
      damage,  and  (iv)  a  finding  of whether the loss or item of damage is
    
      permanent. Where the needs change in the future for a particular item of
      damage, that change shall be submitted to the jury as a separate item of
      damage commencing at that time. In all such actions other than  wrongful
      death  actions,  the jury shall be instructed that the findings it makes
      with reference to future economic damages, shall be used by the court to
      determine future damages which are payable to the plaintiff over time.
        (e) Itemized verdict in certain actions against a public employer  for
      personal  injury  and  wrongful  death.  In  an  action against a public
      employer or a public employee who is subject  to  indemnification  by  a
      public  employer  with respect to such action or both, as such terms are
      defined in subdivision (b) of section forty-five hundred forty-five, for
      personal injury or wrongful death arising out of an injury sustained  by
      a public employee while acting within the scope of his public employment
      or  duties,  the  court shall instruct the jury that if the jury finds a
      verdict awarding damages it shall in its verdict specify the  applicable
      elements  of  special  and general damages upon which the award is based
      and the amount assigned to each element, including but  not  limited  to
      medical  expenses,  loss of earnings, impairment of earning ability, and
      pain and suffering.
        (f) Itemized verdict in certain  actions.  In  an  action  brought  to
      recover  damages  for  personal  injury,  injury to property or wrongful
      death, which is not subject to subdivisions (d) and (e)  of  this  rule,
      the  court  shall  instruct  the  jury  that if the jury finds a verdict
      awarding damages,  it  shall  in  its  verdict  specify  the  applicable
      elements  of  special  and general damages upon which the award is based
      and the amount assigned to each element including, but not  limited  to,
      medical  expenses,  dental  expenses,  loss  of  earnings, impairment of
      earning ability, and pain and suffering. Each element shall  be  further
      itemized  into amounts intended to compensate for damages that have been
      incurred prior to the verdict and amounts  intended  to  compensate  for
      damages  to  be incurred in the future. In itemizing amounts intended to
      compensate for future damages, the jury shall set forth  the  period  of
      years  over which such amounts are intended to provide compensation.  In
      actions in which article fifty-A or fifty-B of this chapter applies,  in
      computing  said  damages, the jury shall be instructed to award the full
      amount of future damages, as calculated, without  reduction  to  present
      value.