Avery v. Wadlington

Under our new comparative negligence statute, the trial court refused to allow an explanation or any comment to the jury by plaintiff’s counsel of the effect of its determination of the percentage of negligence by the defendant and by the plaintiff. In its special verdict, the jury found 30% negligence by the defendant and 70% negligence by the plaintiff. The trial court thereupon entered judgment for the defendant in accordance with this statute.

Plaintiff Sharon Avery brought this negligence action for injuries sustained by her when her bicycle collided with the side of defendant…