Adding a Non-Party Fabre Defendant to the Verdict Form
In a recent premises liability action, the defendant appealed claiming the trial court failed to include a nonparty Fabre defendant on the verdict form. The appellate court disagreed and affirmed the trial court on this issue. It has become a common occurrence for parties to want others on the jury verdict form to give the jury an opportunity to allocate fault to a party other than them. And why not? However, this is not really how it works. A party cannot just argue that another party should be added to the verdict form just for the sake of it. That would...
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