Tonetti v. Barth

The present case concerns the novel issue of whether a motorcyclist’s failure to wear high visibility clothing during daylight hours 1 is a proper element of comparative negligence. The complaint alleges that Bruce P. Barth, the defendant, negligently attempted a left turn out of a shopping plaza and struck Michael Tonetti, the plaintiff, who was operating a motorcycle on Route 202 in Litchfield. The collision occured at about 6:24 p.m. on May 5, 2000. The defendant filed a special defense of comparative negligence, one element of which alleges “that the plaintiff was himself negligent . . .…