Strino v. Premier Healthcare Associates

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Because neither party submitted special interrogatories, we cannot determine from the general verdict whether any error in the contributory negligence instruction affected the verdict.”
• where a defendant raises two or more defenses, under the “two issue” rule, a general verdict creates a presumption that the jury found in favor of the defendant on every one of the defenses
• in the absence of a special interrogatory, a court of review cannot “determine whether the jury found in the defendant’s favor on the negligence issue[, rather than on contributory negligence]”
• where both parties fail to request special interrogatories, and a defendant presents more than one defense, a reviewing court will presume that the jury found in the defendant’s favor on every defense presented
• where a defendant raises two or more defenses, under the “two issue” rule, a general verdict creates a presumption that the jury found in favor of the defendant on every one of the defenses
• trial court did not abuse its discretion in holding that trial testimony was not impeachable with deposition testimony where witness was not asked questions in the deposition that would have naturally elicited that information

Source: CourtListener parenthetical corpus (CC0).