Garest v. Booth

Plaintiff was injured in fall down stairwell at orthodontic office, while walking to wake, in common parking lot shared with funeral home. Plaintiff met her burden of proof as to proximate cause element of her claim, and court thus properly denied defendant construction company's motion for directed verdict and motion for judgment NOV. Jury verdict of $140,000, as to that defendant, was not against manifest weight of evidence. One defendant was denied a fair trial, as special interrogatories and jury instructions, which were improper and confusing as to Plaintiff's status as invitee vs. trespasser, were erroneous basis for verdict as that that defendant, and thus court should have granted his motion for new trial. (CONNORS and HOFFMAN, concurring.)