Brief Fact Summary. A wrongful death action based on strict products liability was brought against the Defendant, J.L.G. Industries (Defendant). Defendant claims that the deceased committed contributory negligence, the deceased’s employer was also negligent and that the adoption of comparative negligence should eliminate joint and several liability.
Synopsis of Rule of Law. Joint and several liability is still applicable when contributory negligence is replaced by comparative negligence.
Facts. A wrongful death action was brought by the Plaintiff, Coney on behalf of Clifford Jasper (Plaintiff). Jasper died operating a hydraulic aerial work platform manufactured by the Defendant. The action was based on strict products liability. Defendant argued that Jasper had committed contributory negligence and that his employer had also contributed to Plaintiff’s injuries through negligence.
Issue. Does the doctrine of comparative negligence or fault eliminate joint and several liability?