DINIERO V. UNITED STATES LINES CO.
288 F. 2d 595, cert. den. 368 U.S. 831 (1961)
NATURE OF THE CASE: This was an action to recover for personal injuries and an appeal
from a judgment for the plaintiff.
FACTS: Diniero (P), a ship engineer, sued United States Lines Co. (D) to recover for
damages suffered when he was operating a valve. P alleged permanent injury to his back. The
issues at trial were whether or not the injuries were preexisting, and whether or not P
operated the valve correctly. The judge submitted the case along with eight interrogatories
to be answered by the jury. The jury had difficulties with the first question: 'Did the
plaintiff injure himself aboard because in operating the blowdown valve he had to remove the
floor plates, then crouch and exert physical effort with a wrench and not his hand to stop
it from leaking?' The jury was unable to reach an answer on the first interrogatory even
after clarification by the judge on several occasions. The trail judge then removed all the
questions from the jury and asked for a general verdict. D objected. The jury found for P. D
appealed: Rule 49(b) of the Fed. R. Civ. P authorizes the submission of written
interrogatories but not their withdrawal once they have been submitted to the jury and
deliberations have begun, and the very act of withdrawal allows a jury who is unable to
agree on the facts to do 'popular justice' through the medium of an old-fashioned verdict.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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