Holder v. Gilbane Building Co.

There was, on the face of it, some confusion in the special verdict which the jury returned.1 In response to the first two questions of the special verdict; the jury had found that Gilbane’s negligence was the proximate cause of injuries which the plaintiff had suffered on March 15, 1978, when he fell while working at a construction site. The jury, in answer to the third question, assessed the plaintiff’s damages at $180,000. The jury further answered as follows to questions four, five, and six:

“4. Was the plaintiff negligent?

Yes (X)

No ( )

“5. Was any negligence on the part of the plaintiff a…