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Tag Archives: comparative fault

Negligence: Auto Accident-Proximate Causation-Comparative Fault

Where appellant and respondent both claimed injuries as the result of an auto accident between the appellant’s personal vehicle and a garbage truck driven by respondent, the trial court erred in finding that the appellant could not prove proximate causation ...

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Civil Practice: Workers’ Compensation Subrogation Lien-Reimbursement Amount-Comparative Fault

Where an insurer challenged a summary judgment against it on a petition to declare the reimbursement amount for a workers’ compensation-subrogation lien, the trial court had subject matter jurisdiction, and any error related to the court’s comparative fault determination was ...

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Negligence: Property Damage-Comparative Fault-Legal Duty to Remove Obstacle

  A boat operated by defendant struck a railroad bridge owned by plaintiff, who sued for defendant for damages. Years prior, the Coast Guard issued an order to alter, declaring the bridge to be an unreasonable obstruction to navigation. The ...

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