Bartkowiak v. City of Aurora

Plaintiff alleged injuries in fall in parking lot. Jury verdict for Plaintiff, but jury answered yes to a special interrogatory that asked if the depression had “a vertical difference of 1.5 inches or less.” Court entered judgment for defendant, finding that the special interrogatory was inconsistent with the general verdict. Even if the depth of the depression was 1.5 inches or less, aggravating factors presented a question of fact as to whether it posed an unreasonable risk. Reversed and remanded with directions to reinstate verdict. (McLAREN and ZENOFF, concurring.)