Lee v. Howard

McCLOUD, Chief Justice.

Richard Lee sued G. B. Howard, III, for personal injuries sustained by Lee when he was accidentally shot by Howard while the two were duck hunting in Arkansas. Both parties are residents of Texas, but since the alleged tortious conduct occurred in Arkansas, the trial court applied the substantive law of that State. Under the Arkansas comparative negligence act a plaintiff is not entitled to recover if his negligence equals or exceeds the defendant’s negligence. Arkansas Statute 1947, § 27-1730.2; Wagnon v. Barker, 236 Ark. 55, 364 S.W.2d 314 (1963).

The jury found that…