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Redmond v. Socha10/6/2005
y has the burden of proof on any proposition, or use the expression `if you find," or `if you decide,' I mean you must be persuaded, considering all the evidence in the case, that the proposition on which he has the burden of proof is more probably true than not true." IPI Civil (1995) No. 21.01. Finally, in the event that both parties were found negligent, the jury was instructed to apportion fault between them. IPI Civil (1995) No. B21.04(22).
The jury returned verdicts under the third option-against Redmond on his claim and against Socha on her counterclaim. Following the trial court's entry of judgment, Redmond filed a motion for judgment notwithstanding the verdict in which he argued, inter alia, that the verdicts indicated that the "jury clearly feels that both the parties were equally at fault." The jury, according to Redmond, mistakenly utilized verdict forms C and F (finding neither party negligent) rather than verdict forms B and E (finding both parties negligent). Redmond argued that the verdicts were "clearly inconsistent" because they failed to apportion 100% of the fault between the parties. The motion was accompanied by an affidavit from Redmond's attorney in which he stated that he was "advised by the jurors" that they used verdict forms C and F because they "thought both parties were at equally at fault, and therefore, entitled to money." Redmond's motion sought entry of judgment in favor of both parties on the question of liability, with a new trial on the issue of damages. Alternatively, he requested that the verdicts be set aside and a new trial be held on all issues.
Socha's answer to the posttrial motion included a statement that her counsel "was present with" Redmond's attorney "when at least three of the jurors explained that it was felt that neither party sustained their burden of proofs and this is the reason they decided the case as they did." Socha argued that the totality of the evidence at trial did not so overwhelmingly favor Redmond that the jury verdicts should be set aside.
Redmond filed a response to the answer accompanied by an additional affidavit. His attorney stated in the second affidavit that the three jurors who spoke in the presence of both attorneys actually stated that the "reason for the verdict is because the jurors could not agree as to whom award damages."
At the hearing on the motion, the trial court indicated its understanding that the pending motion was a motion for a new trial and/or a motion for judgment notwithstanding the verdict. Redmond's attorney then argued that because the verdict forms required an apportionment of liability totaling 100%, it was "clear that the jury either didn't want to . . . decide the case or were lazy or just didn't get it." He also argued that "the only logical interpretation" of the verdicts was that the jury found the parties equally at fault and used the incorrect verdict forms, perhaps because "they didn't care." He asked the trial court to enter judgment notwithstanding the verdict apportioning fault 50% to each party, with a new trial on damages only, or, in the alternative, to grant a new trial. Socha's attorney argued that the verdicts stood for the simple proposition that the jury found that neither party had satisfied his or her burden of proof on all of the elements of the negligence claim.
The trial court denied Redmond's motion for judgment n.o.v., finding that all of the evidence, when viewed most favorably to Socha, the nonmoving party, did not so overwhelmingly favor Redmond that a verdict in Socha's favor could never stand.
As for the motion for a new trial, the trial court stated that "events don't happen without being caused by some act
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