Rodgers v. American Honda Motor Co.

BAILEY ALDRICH, Senior Circuit Judge.

In 1965, in line with the growing concern over the fatal consequence of contributory negligence, the Maine Legislature enacted a statute permitting recovery, but reduced damages, in cases where a plaintiff, though negligent, was less so than the defendant. Me.Rev.Stat.Ann. tit. 14, § 156. Although there were a variety of state statutes in effect, the Legislature chose the English one, see Wing v. Morse, 300 A.2d 491, 497 (Me.1973), essentially word for word, see Comparative Negligence: Some New Problems for the Maine Courts, 18 Me.L.Rev. 65, 76 (1966). The…