Wharfside Two, Ltd. v. W.W. Gay Mechanical Contractor, Inc

In Wharfside Two, Ltd. v. W.W. Gay Mechanical Contractor, Inc., 523 So. 2d 193 (Fla. 1st DCA 1988), the investors in a hotel brought a lawsuit against Chanen Construction Company, which was the general contractor, and Gay Mechanical Contractor, the subcontractor that constructed the hotel's water system. As the only problem involved the water system installed by Gay, Chanen's liability was completely derivative based on its status as the general contractor who employed subcontractor Gay; no other basis of liability against Chanen existed. Id. at 195. Yet, the jury returned a verdict that found Chanen liable to Wharfside, but found Gay not liable. Id. Chanen asserted that the verdict was fatally inconsistent. Id. at 194. The First District agreed that "the verdict contains an inconsistency which fundamentally undermines its underlying basis." Id. at 196 . Despite making that observation, however, the First District did not apply the "fundamental nature" exception that would require judgment to be entered in favor of Chanen, as no independent basis existed for its liability in light of the finding that Gay was not liable. Instead, because the jury was not provided with the opportunity to correct its inconsistent verdict, the case was remanded for a new trial. This Court approved the First District's holding on that basis, stating, "the district court's discussion of verdict inconsistency fully addresses that issue." W.W. Gay Mech. Contractor, Inc. v. Wharfside Two, Ltd., 545 So. 2d 1348, 1351 (Fla. 1989).