Leavitt v. Swain

KIDWELL, Justice.

This is a review of a decision from the Court of Appeals involving an automobile accident. The plaintiff was injured when his vehicle collided with the defendant’s vehicle. Following trial, the jury found the plaintiff to be 25% negligent and the defendant to be 75% negligent. The plaintiff filed various post-trial motions, all of which were denied. The plaintiff appealed, and the Court of Appeals held that there was no basis for the jury’s finding that the plaintiff had been at fault. The Court of Appeals modified the judgment and assigned 100% of the fault to the defendant.…