Trans-World International, Inc. v. Smith-Hemion Productions, Inc.

ORDER DENYING MOTIONS BY CROSS-COMPLAINANT AND CROSS-DEFENDANTS FOR JUDGMENT AND GRANTING NEW TRIAL ON THE COURT’S OWN MOTION

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

Background:

On September 18, 1996, after the close of evidence, closing arguments, and approximately three days of deliberations on the cross-claims for fraud between cross-complainant Smith-Hemion Productions, Inc. (“S-H”) and cross-defendants Marlon, Jermaine, Katherine, Tito, Randy, Rebbie, Jackie and Joseph Jackson (“Jackson Family” or “JF”), the jury in this action sent a note to the Court through the bailiff. This note indicated that the jury had reached a unanimous verdict on the fraud claim as to each cross-defendant.

The verdict was submitted on two forms. The first form, a special interrogatory with eight questions, was materially identical to a proposed form submitted by S-H and was utilized over the objection of JF. This form read as follows:

The second form was a general verdict form requesting that the jury fill in the amount of liability, if any, it assessed for each cross-defendant.

The jury returned the special interrogatory with “yes” marked in response to questions # 1-6, the figure…