Bell v. Duesing

It is the first claim of the defendants that the jury did not make a proper apportionment of the negligence. They contend that the negligence of the minor plaintiff was at least as great as that of the defendant as a matter of law and that the complaint should therefore be dismissed. In the alternative they contend that this court should grant a new trial because of the improper apportionment of negligence.

This court has stated that there may be cases where the circumstances are such that a court can properly rule as a matter of law that the negligence of one of the parties involved is equal…