Ricklin v. Smith

BERMAN, Judge.

In this comparative negligence action arising from a vehicle-pedestrian accident, a jury verdict was entered finding plaintiff-pedestrian to be 67% negligent and defendant-driver 33% negligent. Because he recovered nothing under such a distribution of percentage contribution, plaintiff appeals. We reverse and remand for a new trial.

Plaintiff sued the driver for negligent operation of her car. The driver raised contributory negligence as an affirmative defense. At the conclusion of the evidence, the plaintiff moved the court for a “directed verdict” against the driver. The court,…