A state's comparative negligence statute may bar a wrongful death plaintiff's claim against a city contractor that installed the telephone equipment her son used to hang himself with in jail, the Texas Supreme Court has ruled. The plaintiff sued the city for wrongful death. She also filed a products liability claim against the city's telephone contractor, claiming it breached implied warranties of fitness for a particular purpose. The state comparative fault statute provided that a plaintiff could not recover damages if his percentage of responsibility is greater than 50 percent. But the applicable version of the statute had been amended by removing language explicitly noting that it applied to claims for breach of implied warranty.
Civil law: step-in-the-dark rule; comparative negligence; public alley; total darkness.
A restitution award against a drunk driving defendant could be reduced because of the comparative negligence of the victim, the California Court of Appeal has ruled. A jury convicted the defendant of causing bodily injury while driving under the influence. His conviction stemmed from an accident that occurred when he swerved his Ford Explorer into oncoming traffic and struck a motorcyclist.
There may be a bill this session to make Maryland a comparative negligence state. Maryland is one of the last places that still has a contributory negligence standard, which means an injured party whose own negligence somehow contributed to the injury cannot recover money. A comparative negligence standard would let plaintiffs who were partly at fault recover something.
The rule of contributory negligence met its demise this year in Missouri. The Missouri Supreme Court dispatched the doctrine in February with its holding in Children's Wish Foundation International, Inc. v. Mayer Hoffman McCann, et al., which applied comparative fault to all negligence actions in Missouri, even to professional negligence cases involving purely economic loss.
medical malpractice, comparative negligence, contributory patient negligence, proximate cause, one juror rule, interrogatory/verdict consistency, Civ. R. 49, Civ. R. 50
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