Barber v. LaFromboise

Reiber, C J.

¶ 1. Plaintiff in this personal injury case appeals from a judgment, based on a jury verdict, in favor of defendant. Plaintiff asserts, among other claims, that the trial court committed prejudicial error in refusing to instruct that defendant had the burden to prove the essential elements of her affirmative defense of comparative negligence. We agree, and therefore reverse the judgment and remand for further proceedings.

¶ 2. The record evidence may be summarized as follows. In the early evening hours of November 5, 1999, plaintiff Edward J. Barber was proceeding south on Route…