Langley v. Boyter

This is a typical automobile collision case wherein the plaintiff seeks damages for personal injuries and property loss. The complaint alleges negligence, proximate cause and damages attributable to the defendants. The defendants deny negligence and assert the affirmative defense of contributory negligence on the part of the plaintiff. At a pretrial conference, plaintiff moved that the defense of contributory negligence be struck and that the court apply the doctrine of comparative negligence instead. The motion was denied.

Upon a jury trial, the plaintiff requested that the judge charge the…