Petoskey v. Schmidt

Numerous technical deficiencies in the proceedings are asserted by the plaintiffs as a basis for a new trial. We will consider them seriatim.

I. Use of the Conjunctive in the Verdict.

The first question of the special verdict inquired as to the negligence of “the defendants Robert Schmidt and State Fair Park, Inc.” The plaintiffs contend that the question should have contained the expression “or either of them.” This argument is based upon the plaintiffs’ analysis of the testimony which prompts them to assert that the jury could have found that Mrs. Petoskey’s fall was the result of negligence…