Johnson v. Swain

OPINION ON MOTION FOR REHEARING

PHILLIPS, Chief Justice.

Respondent’s motion for rehearing is overruled.

The opinion of this court of May 24, 1989 is withdrawn and the opinion of this date is substituted therefor.

This is a personal injury case brought under theories of both strict liability and negligence. The jury found that plaintiff was contributorily negligent, but failed to find that defendant was negligent. The parties stipulated that plaintiff’s comparative causation as to his strict liability claim would be governed by the jury’s finding on comparative negligence. We hold that the effect…