Elder v. Orluck

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

LARSEN, Justice.

This appeal presents the issue whether in an action under the Pennsylvania Comparative Negligence Act1 involving more than one defendant, should the negligence of the plaintiff be compared to the combined negligence of all defendants or should plaintiffs negligence be compared to the separate and individual negligence of each defendant? This question is one of first impression before this Court requiring interpretation of the Comparative Negligence Statute. The Superior Court, in affirming the lower court, held that “[T]he…