The Pennsylvania Supreme Court rejected the notion that the same 10 jurors must vote the same on each question listed on a special interrogatory, calling a mixed vote on interrogatories “irrelevant” to the final verdict.
In Fritz v. Wright, the 6-1 opinion reversed a split three-judge Superior Court panel that ordered a new trial in a personal injury case. The Superior Court ruled that in applying the five-sixths rule — meaning that only five-sixths of the jury must agree in order for a verdict to be valid — the majority of jurors must be the same for all the interrogatories.
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