Friday, October 10, 2014

Bartlett v. New Mexico Welding Supply case brief summary


Bartlett v. New Mexico Welding Supply case brief summary

F: Car in front of P’s car negligently turned and caused P to slam on brakes to avoid hitting it. D’s truck which was behind P’s car applied brakes but skidded into P’s car
Jury found that P was not negligent, that D was negligent and contributed to P’s damages to the extent of 30%, that the unknown driver was negligent and contributed to P’s damages to the extent of 70%.


R: In this jurisdiction, comparative negligence is applied rather than joint and several liability, which is each tortfeasor is liable for the portion that each contributed to P’s injury.

C:
in favor of P

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