Davis v. O'BRIEN

At issue in this case is whether the trial court erred in the manner in which it entered judgment on the jury’s verdict for plaintiff. The special verdict assigned 96.5 percent of the fault for plaintiffs injuries to a non-party and 3.5 percent to defendants O’Brien (hereinafter O’Brien). The trial court reduced plaintiffs damages recoverable from O’Brien to 3.5 percent of plaintiffs total damages, in the light of the jury’s allocation of proportionate fault, and entered judgment accordingly. On appeal, the Court of Appeals affirmed, holding that “plaintiff has failed to preserve or assign as…