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Menza v. Diamond Jim''s Inc.

Decided: November 12, 1976.

CATHERINE MENZA, PLAINTIFF-APPELLANT,
v.
DIAMOND JIM'S, INC., DEFENDANT-RESPONDENT



Matthews, Seidman and Horn.

Per Curiam

This is an appeal from a negligence action tried before a jury. Plaintiff tripped over a step and injured herself while on defendant's premises. She alleged that defendant was negligent because there was no warning of a step, the step area was not properly lighted and the carpeting in the area of the step was worn and torn. The defense consisted of a denial of these allegations.

The jury was given the following interrogatories:

1. Was the defendant negligent?

2. Was the defendant's negligence a proximate cause of the accident?

3. Was the plaintiff negligent?

4. Was the plaintiff's negligence a proximate cause of the accident?

5. What was the percentage of negligence attributable to (a) the defendant and (b) the plaintiff?

6. What is the amount of damages?

The jury returned with the following answers:

1. Yes.

2. No.

3. ...


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