Clark v. Rush

Blackwell, Judge.

In this case, we must consider whether the pattern jury instruction on comparative negligence is an accurate statement of the law According to the pattern instruction, if the jury determines that the plaintiff was negligent and that his negligence, although less than that of the defendant, contributed to the injury for which he seeks damages, the jury must “reduce the amount of damages otherwise awarded to the plaintiff in proportion to the negligence of the plaintiff compared with that of the defendant.” Suggested Pattern Jury Instructions, Vol. I: Civil Cases (4th ed.) §…