22) The court seems to treat "contributory negligence" and "comparative negligence
" as synonyms; however, proof of contributory negligence results in dismissal of the worker's case, whereas comparative negligence
merely results in a reduction in the damages recoverable by the worker.
The state's high court reversed the promissory estoppel portion of the judgment because the negligence claim, including the jury's assessment of comparative negligence
, was a remedy.
11) Ultimately, this Note proposes that, at least from a theoretical standpoint, the one-action rule provides an element of fairness that might otherwise be missing from comparative negligence
Pending further developments in the law, the committee reserves the issue of whether comparative negligence
is a defense when the reckless disregard standard is in effect.
705, 715 (1985) (explaining comparative negligence
principles); 1 Comparative Negligence
Manual [section] 6:5 (3d ed.
Like comparative negligence
for product-caused injuries, the foreseeable misuse doctrine has a basis in negligence law.
In a few jurisdictions, strict contributory rather than comparative negligence
still remains the law.
was negligent in its design of the lawn mower, whether it provided adequate warnings concerning its use and whether there was any comparative negligence
Defendant has not cited nor have we found persuasive judicial authority for the proposition that comparative negligence
compels the abolition of joint and several liability.
Rindner granted the Perezes' request for a directed verdict of comparative negligence
, and a jury awarded lost wages and noneconomic damages.
California changed its law a few decades ago to comparative negligence
, which makes the plaintiff's negligence a partial rather than complete defense," says Kevin Clermont, a professor at Cornell Law School.
The court rejected the plaintiffs' contention that they were entitled to a new trial on the issue of comparative negligence
And in 1969, I drafted and filed a bill that created the comparative negligence
law, which provides that a plaintiff can recover unless his or her fault was found by the jury to exceed that of the defendant.
Where the comparative negligence
of the parties in any such action is an issue, the jury shall return special verdicts, or in the absence of a jury, the court shall make special findings, determining the percentage of negligence attributable to each of the parties, and determining the total amount of damages sustained by each of the claimants, and the entry of judgment shall be made by the court; No general verdict shall be returned by the jury.
The importance of a contributory or comparative negligence
instruction is evident when it is considered that a drug addict, by the nature of his addiction to legal prescription drugs, obviously seeks to obtain prescriptions for such drugs and that the standard of care, reduced to its essence, required Dr.