Even with the Spectre of a “Good Count – Bad Count” Doctrine Reversal on Appeal, Alabama’s General Verdict Form Still Favors the Plaintiff.
Posted on May 22, 2014
The Alabama judicial system, pursuant to Rule 49, Ala.R.Civ.P., provides for the use of a general verdict form that does not require the jury to state on which of the count or counts it found in favor of the plaintiff. While a plaintiff’s counsel may favor use of a general verdict because it simplifies the work of the jury and obscures error that may have occurred in reaching the verdict, that benefit can become a quite a detriment to upholding the verdict on appeal. I believe one the doctrines of Alabama jurisprudence most favored by the state appellate courts is the “good count – bad count” rule. As explained in the case of Aspinswall v. Gowens, 405 So.2d 134 (Ala. 1981), and countless more opinions, a…
Tagged: Alabama Supreme Court, Appeal, Bad Count, General Verdict, Good Count, Trial court