Plaintiff filed a breach of contract lawsuit alleging that defendant had failed to pay rent on a commercial property. The matter proceeded to trial and the jury returned a verdict with answers to special interrogatories indicating that there was a contract between the parties but that defendant did not breach the contract. The trial court granted plaintiffs’ motion for a new trial on the basis that the jury did not render a legally consistent verdict and defendant appealed. Defendant argued on appeal that the trial court erred in granting both plaintiffs’ motion for a new trial as well as plaintiffs’ motions in limine that barred defendant from presenting evidence that plaintiffs’ failed to mitigate their damages. The appellate court affirmed, finding that the trial court did not err and instructing that the parties be allowed to present evidence regarding plaintiffs’ reasonable efforts to mitigate their damages during the second trial. (LAMPKIN and VAN TINE, concurring)
Illinois Appellate Court
Civil Court
Inconsistent Verdicts