Chicago Title Insurance Co. v. Mertens

SIMON, Presiding Judge.

Louis F. Mertens, III, appellant, appeals a judgment entered on a jury verdict in an action involving the assignment of a promissory note, in favor of Chicago Title Insurance Company, respondent. The jury also found appellant 66¾ per cent at fault on his counterclaim.

Appellant raises three points on appeal. First, that the trial court erred in submitting instruction number 12 on the counterclaim since comparative fault does not apply to a case involving only economic damages. Second, that even if the submission of the comparative fault instruction was proper in a case…