Zois v. Piniarski

This is an appeal from a judgment entered in favor of defendant by the trial court on the basis of a special interrogatory which indicated that plaintiff was guilty of contributory negligence. The issue raised on appeal is whether the special interrogatory was ambiguous and did not test the general verdict and, thus, should have been refused by the court. A detailed recitation of the facts is not necessary and only those facts germane to the issue raised will be discussed here.

Plaintiff, an eight-year-old child, sought compensatory damages as a result of being struck by an automobile being…