Bland v. Q-West, Inc.

Plaintiff brought suit against a bar for negligence for a permanent spinal cord injury he suffered when the bar’s employees attempted to physically remove him from the premises. A jury found the defendant guilty and awarded plaintiff more than $51 million, which was reduced by 20 percent for the plaintiff’s contributory negligence. The trial court denied the defendant’s motion for a new trial or remittitur and defendant appealed. The appellate court reversed and remanded by finding that the trial court erred when it denied the defendant’s motion to amend its affirmative defendants to include self-defense. The appellate court also found that the trial court committed reversible error in its instruction to the jury on the question of contributory negligence when it left out an allegation that the plaintiff kicked at the bar employees and that it erred when it barred defendant from using the opinion disclosed in response to Rule 213(f)(3) interrogatories as substantive evidence. The appellate court also held that the use of a demonstrative “dummy” during closing arguments was improper. (HUTCHINSON and JORGENSEN, concurring)