Townsend v. Legere

Following a trial in Superior Court (Arnold, J.), the jury attributed forty percent of the fault to the plaintiff, Jean M. Townsend, for her slip-and-fall accident at an apartment complex operated by the defendant, Emile J. Legere d/b/a Beechbrook Apartments. On appeal, the plaintiff argues that the superior court erred in instructing the jury on comparative negligence because there was insufficient evidence to warrant the instruction. We agree and therefore set aside the portion of the special verdict finding comparative negligence.

On February 14,1993, the plaintiff, a sixty-eight-year-old…