Fondell v. Lucky Stores, Inc.

There are three issues presented:

1. Has the defendant waived its right to appeal the trial court’s refusal to accept the jury’s original verdict by failing to move for a new trial on motions after verdict ?

2. Whether it was error to refuse to accept a verdict finding both the plaintiff and defendant negligent without finding either party causally negligent?

3. Whether it was error to reinstruct the jury that once having found negligence on both parties, that causation must be found as to one or both of the parties?

The plaintiff-respondent alleges that the defendant-appellant waived its right…