contributory negligence

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The Amarillo Court of Appeals‘ opinion in Block v. Mora could be a law school exam question.   The opinion may be especially  important to jury charge junkies.  Here are the essential facts:

Plaintiff places a spare tire on top of four 5-gallon buckets of hydrolic oil in the bed of his pickup truck.  He does not secure the tire.  Later that day, Defendant pulls her vehicle in front of Plaintiff’s pickup truck, causing her to collide with the front end of his truck.  On impact, the spare tire is propelled forward through the truck’s rear window, stricking Plaintiff in the back of the neck and shoulder and causing him injury.  Defendant admits that she was driving her mother’s vehicle without permission, she had no driver’s license, and the accident was her fault.

Plaintiff sues Defendant and Defendant asserts the affirmative defense of contributory negligence.  The trial court submits the following jury question:

Did the negligence, if any, of those named below proximately cause the injuries, if any, to Defendant?
Answer “Yes” or “No” for each of the following:
a. Defendant _______________
b. Plaintiff _______________
 

The jury answers "Yes" for Plaintiff and "No" for Defendant and the trial court renders a take-nothing judgment.  On appeal, Plaintiff complains that his negligence should not have been submitted because there was no evidence he was contributorily negligent.Continue Reading Proportionate Responsibilty: What is contributory negligence?

The Fort Worth Court of Appeals issued a couple of opinions in Young v. Thota addressing an alleged jury charge error.  In this medical negligence case, the alleged charge error relates to whether the trial court should have submitted an issue asking whether the plaintiff was contributorily negligent or whether the plaintiff’s acts raised mitigation of damages questions.  The majority concludes that it…