Rourk Ex Rel. Rourk v. Selvey

Brailsford, Justice:

The plaintiff sustained personal injuries in a collision between automobiles operated, respectively, by the defendants Kathryn Selvey and John H. Keller. He sued both drivers, alleging that his injuries were caused by the joint and concurrent negligence and recklessness of both in the operation of their respective automobiles.

At the request of the defendant Keller, and over the plaintiff’s timely objection, the trial judge instructed the jury that they might apportion the damages between the defendants according to the degree of their culpability. The jury returned a…