Falls

The issue in this case is whether a “partial verdict” may be entered upon an incomplete special verdict form. We hold that it may not.

Facts

This is a personal injury action. Petitioner Gerald Falls (plaintiff herein) is a paraplegic who “ambulates with Canadian crutches and a swing-thru gait.” On February 25, 1984, plaintiff went to the Lakewood Center Mall to patronize the Montgomery Ward Auto Center store. He parked near the store in a marked space adjacent to two trash dumpsters. After taking two or three steps, plaintiff fell when his crutch slipped in some oil, which he failed to see because it blended in with the black asphalt of the parking area. While plaintiff was waiting for an ambulance to remove him from the scene of the accident, he observed that there was oil leaking from one of the dumpsters.

Plaintiff sued real party Montgomery Ward & Co. and the Lakewood Center Mall, whose responsibility it was to maintain the dumpsters and the surrounding area. The case was tried to a jury. During the course of the trial, Lakewood Center Mall settled with plaintiff. This left Montgomery Ward & Co. as the sole remaining defendant.

The case was submitted to the jury…