Ostry v. Chateau Limited Partnership

Plaintiff, Dina Ostry, sued defendant, Chateau Limited Partnership, to recover damages for injuries allegedly suffered in a fall on a mound of icy snow in defendant’s parking lot. A jury returned a verdict in plaintiff’s favor in the amount of $30,633.94. The trial court subsequently granted plaintiff’s motion for a new trial on damages only, and it entered judgment on the jury’s award of $97,877.44. Defendant appeals.

Defendant contends on this appeal that: (1) the trial court erred by denying defendant’s motion for leave to amend its answer to file the affirmative defense of plaintiff’s…