Magnani v. Trogi
Appellate Court of Illinois, Second District
218 N.E.2d 21 (Ill. App. 1966)
Helen Magnani (plaintiff) sued Arnold Trogi (defendant) on two separate counts - wrongful death as administratrix, and her own family-expense claim for medical and funeral costs - but without either party submitting separate verdict forms, the jury returned a single undifferentiated verdict awarding $19,000 without indicating which claim(s) it covered; Trogi moved for a new trial about a month later, arguing the verdict addressed only the wrongful-death count, and the trial judge set aside the verdict and granted a new trial, denying Trogi's alternative motion for judgment notwithstanding the verdict.
Whether it is appropriate for a judge to order a new trial when the case involves two causes of action, but the jury returns a single verdict without specification as to which count it is referring.