Jess v. Herrmann

Opinion

TOBRINER, J.

Since the adoption of comparative negligence in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [119 Cal.Rptr. 858, 532 P.2d 1226, 78 A.L.R.3d 393], our court has been called upon, in a succession *134of cases, to determine the effect of the Li decision upon a number of distinct legal doctrines.1 In the instant case, we address another important issue arising in the wake of Li, namely, the proper application of “setoff” principles in comparative negligence or comparative fault cases.

In this case, plaintiff and defendant were both injured when their cars were involved in an automobile…