60-258a.Comparative negligence.(a) The contributory negligence of any party in a civil action shall notbar such party or such party's legal representative fromrecovering damages fornegligence resulting in death, personal injury, property damageor economic loss, if suchparty's negligence was less than the causal negligence of the party orparties against whom claim for recovery is made, but the award of damagesto any party in such action shall be diminished in proportion to the amountof negligence attributed to such party. If any such party is claimingdamages for a decedent's wrongful death, the negligence of the decedent, ifany, shall be imputed to such party.
(b) Where the comparative negligence of the parties in any such actionis an issue, the jury shall return special verdicts, or in the absence of ajury, the court shall make special findings, determining the percentage ofnegligence attributable to each of the parties, and determining the totalamount of damages sustained by each of the claimants, and the entry ofjudgment shall be made by the court. No general verdict shall be returnedby the jury.
(c) On motion of any party against whom a claim is asserted fornegligence resulting in death, personal injury, property damageor economic loss, anyother person whose causal negligence is claimed to have contributed to suchdeath, personal injury, property damage or economic loss,shall be joined as an additionalparty to the action.
(d) Where the comparative negligence of the parties in any action is anissue and recovery is allowed against more than one party, each such partyshall be liable for that portion of the total dollar amount awarded asdamages to any claimant in the proportion that the amount ofsuch party's causalnegligence bears to the amount of the causal negligence attributed to allparties against whom such recovery is allowed.
(e) The provisions of this section shall be applicable to actions pursuantto this chapter and to actions commenced pursuant to the code of civil procedurefor limited actions.
History: L. 1974, ch. 239, § 1; L. 1976, ch. 251, § 4;L. 1987, ch. 221, § 1; July 1.
60-258a.Comparative negligence.(a) The contributory negligence of any party in a civil action shall notbar such party or such party's legal representative fromrecovering damages fornegligence resulting in death, personal injury, property damageor economic loss, if suchparty's negligence was less than the causal negligence of the party orparties against whom claim for recovery is made, but the award of damagesto any party in such action shall be diminished in proportion to the amountof negligence attributed to such party. If any such party is claimingdamages for a decedent's wrongful death, the negligence of the decedent, ifany, shall be imputed to such party.
(b) Where the comparative negligence of the parties in any such actionis an issue, the jury shall return special verdicts, or in the absence of ajury, the court shall make special findings, determining the percentage ofnegligence attributable to each of the parties, and determining the totalamount of damages sustained by each of the claimants, and the entry ofjudgment shall be made by the court. No general verdict shall be returnedby the jury.
(c) On motion of any party against whom a claim is asserted fornegligence resulting in death, personal injury, property damageor economic loss, anyother person whose causal negligence is claimed to have contributed to suchdeath, personal injury, property damage or economic loss,shall be joined as an additionalparty to the action.
(d) Where the comparative negligence of the parties in any action is anissue and recovery is allowed against more than one party, each such partyshall be liable for that portion of the total dollar amount awarded asdamages to any claimant in the proportion that the amount ofsuch party's causalnegligence bears to the amount of the causal negligence attributed to allparties against whom such recovery is allowed.
(e) The provisions of this section shall be applicable to actions pursuantto this chapter and to actions commenced pursuant to the code of civil procedurefor limited actions.
History: L. 1974, ch. 239, § 1; L. 1976, ch. 251, § 4;L. 1987, ch. 221, § 1; July 1.
60-258a.Comparative negligence.(a) The contributory negligence of any party in a civil action shall notbar such party or such party's legal representative fromrecovering damages fornegligence resulting in death, personal injury, property damageor economic loss, if suchparty's negligence was less than the causal negligence of the party orparties against whom claim for recovery is made, but the award of damagesto any party in such action shall be diminished in proportion to the amountof negligence attributed to such party. If any such party is claimingdamages for a decedent's wrongful death, the negligence of the decedent, ifany, shall be imputed to such party.
(b) Where the comparative negligence of the parties in any such actionis an issue, the jury shall return special verdicts, or in the absence of ajury, the court shall make special findings, determining the percentage ofnegligence attributable to each of the parties, and determining the totalamount of damages sustained by each of the claimants, and the entry ofjudgment shall be made by the court. No general verdict shall be returnedby the jury.
(c) On motion of any party against whom a claim is asserted fornegligence resulting in death, personal injury, property damageor economic loss, anyother person whose causal negligence is claimed to have contributed to suchdeath, personal injury, property damage or economic loss,shall be joined as an additionalparty to the action.
(d) Where the comparative negligence of the parties in any action is anissue and recovery is allowed against more than one party, each such partyshall be liable for that portion of the total dollar amount awarded asdamages to any claimant in the proportion that the amount ofsuch party's causalnegligence bears to the amount of the causal negligence attributed to allparties against whom such recovery is allowed.
(e) The provisions of this section shall be applicable to actions pursuantto this chapter and to actions commenced pursuant to the code of civil procedurefor limited actions.
History: L. 1974, ch. 239, § 1; L. 1976, ch. 251, § 4;L. 1987, ch. 221, § 1; July 1.
