Verdict for less than medical specials when comparative negligence determined

Mary Kay Scott recently tried a case to verdict in the Circuit Court of Cook county, in which the plaintiff was awarded $60,000, reduced to $30,000 by comparative negligence. Plaintiff a commercial real estate broker, fell while being shown a property by the defendant’s representative. Plaintiff and the defendant’s representative had been walking through an unused warehouse where lighting came from windows and a flashlight held by the defendant’s representative. The two disagreed as to whether the plaintiff was aware they were walking down a ramp which ended with a drop-off to rail tracks below, which were an important selling feature. Plaintiff stepped off the end falling to the track bed below fracturing his calcaneus, which healed to the point that within six months he was golfing. Medical bills totaled $52,000, and the jury awarded $8,000 for disability. No award for pain and suffering was made, and the jury reduced the verdict by 50% comparative negligence of the plaintiff. A post-trial motion has been filed by the plaintiff. The last demand was $650,000.