Skinner v. R.J. Griffin & Co.

The majority holds that the defendant must present specific evidence of negligence by the plaintiff in order to be entitled to an instruction on comparative negligence. I respectfully disagree and suggest that approach seriously undermines the purpose and intent of comparative negligence. The statute itself is couched in the broadest possible language:

In all actions for damages for personal injuries or wrongful death or injury to property in which recovery is predicated upon fault, liability shall be determined by comparing the fault chargeable to a claiming party with the fault chargeable to…