Cook v. Doty

Foth, C.J.:

This is an action for damages arising out of an automobile collision in which the jury fixed plaintiff’s causal negligence at 80%, defendant’s at 20%. Plaintiff appeals, claiming error in the trial court’s refusal to instruct the jury as to the effect of its allocation of fault on the award of damages.

The case was tried from May 22 to May 25, 1978. At that time PIK Civ. 2d recommended an instruction, 20.01, which would inform the jury of the legal consequences of its answers in a comparative negligence case. However, no appellate decision in this state had endorsed the instruction,…