State Ex Rel. Highway Department v. Snyder

BAKER, Judge.

The question presented in this case is whether a finding of comparative fault against a plaintiff with respect to one tort-feasor, is legally inconsistent with a finding of no contributory negligence by that plaintiff with respect to the State as the other tortfeasor. We hold that such verdicts are legally inconsistent and, thus, reverse and remand for a new trial.

FACTS

On November 9, 1985, Dan Snyder was injured in an accident involving a car in which he was a passenger and which defendant Toby Parker was driving. The accident occurred when Parker swerved and drove the car off…