context: However, our supreme court has announced that a presumption that a quotient verdict exists is to be drawn when the figures used by the jury in its computations give rise to "a fair inference" that the jury determined the amount of their verdict by use of a quotient process. In doing so, I conclude that the focus should not be on the numerical difference between the quotient and the verdict but, instead, should be centered on whether the evidence gives rise to the fair inference that the jury's verdict was induced by the use of the quotient process.
citation_a.signal: see also
citation_a.identifier: 255 P. 20, 24
citation_a.parenthetical: noting the lack of a "well-defined rule about what discrepancy is slight nor how much the discrepancy may be and the verdict still be invalid" and concluding that "[mjuch seems to rest on the basic facts that mathematical calculation was resorted to and led up to the fixing of the amount of the verdict, even though not the same as the quotient"
citation_a.sentence: See Abercrombie, 184 Ala. at 259, 63 So. at 554 (“The evil effects of a quotient verdict cannot be cured by agreeing thereafter to a slightly different verdict, if it appears that the agreement made in advance entered into or induced the result.”); see also Benjamin v. Helena Light & Ry. Co., 79 Mont. 144, 255 P. 20, 24 (1927) (noting the lack of a “well-defined rule about what discrepancy is slight nor how much the discrepancy may be and the verdict still be invalid” and concluding that “[mjuch seems to rest on the basic facts that mathematical calculation was resorted to and led up to the fixing of the amount of the verdict, even though not the same as the quotient”).
citation_b.signal: see
citation_b.identifier: 184 Ala. 259, 259
citation_b.parenthetical: "The evil effects of a quotient verdict cannot be cured by agreeing thereafter to a slightly different verdict, if it appears that the agreement made in advance entered into or induced the result."
citation_b.sentence: See Abercrombie, 184 Ala. at 259, 63 So. at 554 (“The evil effects of a quotient verdict cannot be cured by agreeing thereafter to a slightly different verdict, if it appears that the agreement made in advance entered into or induced the result.”); see also Benjamin v. Helena Light & Ry. Co., 79 Mont. 144, 255 P. 20, 24 (1927) (noting the lack of a “well-defined rule about what discrepancy is slight nor how much the discrepancy may be and the verdict still be invalid” and concluding that “[mjuch seems to rest on the basic facts that mathematical calculation was resorted to and led up to the fixing of the amount of the verdict, even though not the same as the quotient”).