60.141 Torts; Comparative Negligence | Pdf Doc Docx | Georgia_JI

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60.141 Torts; Comparative Negligence | Pdf Doc Docx | Georgia_JI

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60.141 Torts; Comparative Negligence

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60.141 Torts; Comparative Negligence If you find that the defendant was negligent so as to be liable to the plaintiff and that the plaintiff also was negligent, thereby contributing to the plaintiff's injury and damage, but that the plaintiff's negligence was less than the defendant's negligence, then the negligence of the plaintiff would not prevent the plaintiff's recovery of damages but would require that you reduce the amount of damages otherwise awarded to the plaintiff in proportion to the negligence of the plaintiff compared with that of the defendant. Underwood v. Atlanta & West Point R.R. Co., 105 Ga. App. 340(8) (1962) (Note: The jury should be instructed that the burden shifts to the defendant to prove any asserted defenses regarding the plaintiff's own lack of due care.) Stiltjes v. Ridco Exterminating Company Inc., 192 Ga. App. 778 (1989)

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