Frazier v. Emerson Electric Co.

CRIST, Judge.

Plaintiffs, the wife and seven children of Donnie Frazier (Frazier), brought a wrongful death suit against Defendant after Frazier was fatally injured in an automobile accident with one of Defendant’s trucks. At trial, the judge submitted the issue of Frazier’s comparative fault to the jury. The jury returned a verdict finding Defendant to be 82.5% at fault and Frazier to be 17.5% at fault. It awarded total damages of $600,000, or $495,-000 to be paid by Defendant. Upon Plaintiffs’ request, that amount was paid to them.

Plaintiffs appeal from the use of the comparative fault…