Harmon v. Town of Afton

With the same problem and nearly the same final argument as found in Coryell v. Town of Pinedale, Wyo., 745 P.2d 883 (1987), I dissent from this decision. In closing argument, counsel for the Town of Afton (one of the two defendants), informed the jury:

“Okay. Let’s go through another hypothetical assumption on negligence again. Let’s assume he’s [plaintiffs] 0% and let’s assume that Hunting [the other defendant who was discharged in bankruptcy], you decide, is 99%. Let’s assume that you find that the Town is 1%. What happens? Under the instructions that the Judge has given you, despite the…