Falls v. Superior Court

Opinion

ASHBY, J.

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…