Rewolinski v. Harley-Davidson Motor Co.

The jury apportioned 30 percent of the negligence to the plaintiff and 70 percent to the defendant, but the trial court ruled that the plaintiff’s negligence was equal to that of the defendant as a matter of law. The trial court indicated that the basis of its ruling was the fact that the plaintiff had violated the rules of his employer and had disobeyed orders when he crawled through the window, thereby exposing himself to danger.

A court undoubtedly has authority to overturn a jury’s apportionment of negligence in safe-place cases as well as in ordinary negligence matters. Klein v.…