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fact.” 735 ILCS 5/2-1108. The word “must” is mandatory, and leaves the trial court with

“no discretion to reject a special interrogatory which is proper in form.” Morton v. City of

Chi., 286 Ill. App. 3d 444, 451 (1st Dist. 1997).

In this case, the special interrogatory tendered by defendants was surely “proper

in form” in that “(1) it relate[d] to an ultimate issue of fact . . . , and (2) an answer

responsive thereto [would be] inconsistent” with a general verdict in Choate’s favor.

Simmons, 198 Ill. 2d at 563. It “focused on one element”—Choate’s subjective

appreciation of the dangerousness of moving trains—that was “dispositive of [his]

claim.” Snyder v. Curran Twp., 281 Ill. App. 3d 56, 60 (4th Dist. 1996). And the jury’s

determination of that issue in defendants’ favor would be “inconsistent with [a] general

verdict” of liability (Simmons, 198 Ill. 2d at 563), because landowners have no liability to

“a child who in fact discovers the condition and appreciates the full risk involved, but

none the less chooses to encounter it out of recklessness or bravado.” Colls, 212 Ill. App.

3d at 933 (internal quotation marks omitted).

Choate’s argument below that the jury’s consideration of comparative fault

obviated the need for this special interrogatory was misguided. As LaSalle explained,

comparative fault is no substitute for a “specific finding that plaintiff ‘appreciated the

risk’ in jumping on a moving freight train” 132 Ill. App. 3d at 615. “[C]omparative

negligence . . . performs a separate and distinct role from an appreciation of risk

determination.” Colls, 212 Ill. App. 3d at 948. When the plaintiff “in fact discovers the

condition and appreciates the full risk involved,” the landowner is freed “of all liability

for the child’s injuries.” Id. at 933; Hagy, 190 Ill. App. 3d at 840; Swearingen, 181 Ill.

App. 3d at 362. Thus, the resolution of this issue in defendants’ favor would have

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