Fifer v. Nelson

MacLaughlin, Justice.

This is an appeal by defendant from a judgment awarding damages to plaintiff. The action arose out of a farm accident in which plaintiff was injured. The jury returned a special verdict in which they found both defendant and plaintiff negligent and attributed 80 percent of the negligence to defendant and 20 percent to plaintiff. The jury determined plaintiff’s total damages to be $35,000. The trial court, pursuant to the jury’s determination that plaintiff was 20-percent negligent, ordered judgment for plaintiff in the amount of $28,000. Defendant made a motion for a new…