Bernier v. Demers

The single issue in this case is whether the trial judge erred in stressing the importance of the law of contributory negligence in his charge to the jury in a comparative negligence case. We find that he did.

The plaintiff was a passenger in the back of a pickup truck from which he fell and sustained injuries. He brought suit against the defendant driver, asserting negligence. The case was tried before a jury resulting in a verdict for the defendant. Neither party submitted timely requests for instructions, but during the course of his lengthy instructions, the Trial Judge {Goode, J.) said:

“Th…