‘Known or obvious danger’ defense not available in premises liability case 
Published: December 23, 2011
Tags: comparative negligence, known or obvious danger doctrine, premises liability
The “known or obvious danger” defense is no longer viable under state law as a complete bar to an injured plaintiff’s premises liability claim, the Hawaii Supreme Court has ruled in vacating a defense verdict.
Defendant’s misconduct factored in comparing fault
Published: April 6, 2011
Tags: comparative negligence, jury instructions, negligence
A jury should have been allowed to consider a personal injury defendant’s alleged recklessness and willfulness in allocating liability under state comparative negligence law, the South Carolina Supreme Court has ruled in granting a new trial.
No new trial despite erroneous verdict sheet
By:
Sylvia Hsieh
Published: October 6, 2010
Tags: comparative negligence, negligence
Even though it was error to submit a question about a plaintiff’s comparative negligence to the jury, a new trial is not appropriate where the jury never considered the issue, the Pennsylvania Supreme Court has ruled in reversing an order for a new trial.
Jury awards $32 million to boy who jumped off moving truck
By:
Sylvia Hsieh
Published: June 18, 2010
Tags: comparative negligence, negligence per se
Seven years ago, Robert Murchison was a high school senior and a star wide receiver on the football team, hailed for scoring a touchdown in the Baker High School homecoming game. But shortly after that game, an accident changed his and another boy’s life.
CSX Transportation owes $1.24M for repetitive stress injury
By:
Brendan Kearney
Published: May 25, 2010
Tags: comparative negligence, repetitive stress injury
BALTIMORE, MD – A Baltimore City Circuit Court jury has awarded $1.246 million to a man who required surgery on both knees as a result of repetitive stress injuries from nearly 40 years of working for CSX Transportation Inc.
Top Ten Jury Verdicts Countdown #9
By:
Kimberly Atkins
Published: January 7, 2010
Tags: car crash, comparative negligence, Top Ten Verdicts
A Florida jury has awarded $65 million to a 21-year-old woman whose car was broadsided by a truck in 2007, leaving her with brain damage so severe she can no longer speak or care for herself.
Restitution reduced by victim’s comparative negligence
By:
Pat Murphy
Published: June 26, 2009
Tags: comparative negligence, restitution
A restitution award against a drunk driving defendant could be reduced because of the comparative negligence of the victim, the California Court of Appeal has ruled.
Defeating contributory negligence arguments
By:
Nora Tooher
Published: April 3, 2009
Tags: comparative negligence
Plaintiff lawyer Paul Luvera shares techniques in Plaintiff Trial Lawyer Tips for defeating the common defense argument that a plaintiff was negligent and caused his or her own injuries.
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