Stevens v. Kliethermes

I concur with the majority affirming the judgment for Kliethermes and One Way on Mr. Stevens’ consortium claim, and in treating as abandoned the Stevens’ appeal as to the liability of Domino’s. For different reasons, I agree the case should be reversed and remanded for new trial only on the percentage of fault question.

I disagree with the majority which bases a reversal on a failure of the evidence to support Kliethermes’ instructions inviting the jury to assess the plaintiff’s comparative fault.

To make a submissible case on Stevens’ comparative fault, Kliethermes had the burden of proof and…