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…![]()
