Fierstos v. Cullum

OTT, Judge.

This was a negligence action by a tenant against his landlord arising out of the alleged failure of the landlord to exercise reasonable care in the maintenance and repair of a common stairway.

The case went to the jury on instructions as to the standard of care, comparative negligence and special verdict that were most favorable to the defendant.

The jury returned its special verdict finding the landlord solely negligent and awarding the tenant $7,000 in damages.

Upon the landlord’s motion the trial court entered judgment for the landlord, notwithstanding the jury verdict.

The evidence…