Birchfield v. Wabash-Monroe Garage & Parking Corp.

MR. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court.

This action was brought to recover damages occasioned by the alleged negligence of the defendant in the maintenance of its premises. At the close of the evidence, the trial court directed a verdict in favor of the plaintiff on the issue of the defendant’s liability and submitted the cause to the jury on the sole issue of damages. The jury returned a verdict of $12,500 and the trial court refused to allow the plaintiff to amend her complaint to increase the $10,000 ad damnum. The trial court ordered a remittitur of $2,500 and…