In Rodriguez v. City of New York, 2018 N.Y. LEXIS 793, 2018 NY Slip Op. 02287 (Apr. 3, 2018), New York’s Court of Appeals, New York’s highest court, addressed the question of whether a plaintiff, in moving for summary judgment on the issue of the defendant’s liability, also needs to establish the absence of his or her own comparative negligence. In a 4-3 decision, a majority of the court held that, because the plaintiff’s comparative negligence is a matter of damages, not liability, the plaintiff does not bear that burden. Continue reading
Georgia’s apportionment statute, OCGA § 51-12-33, requires a jury, in some cases, to apportion responsibility for an injury among all those who contributed to it – whether a party to the lawsuit or not – based on each person’s respective share of combined fault. After the apportionment, each defendant’s liability is limited to his or her apportioned percentage. In Zaldivar v. Prickett, — S.E.2d –, 2015 WL 4067788 (Ga. July 6, 2015), the plaintiff, Daniel Prickett (Prickett), sued Imelda Zaldivar (Zaldivar) to recover for injuries that Pricket allegedly sustained in a motor vehicle accident. Zaldivar sought to apportion fault to a non-party, Overhead Door Company, Prickett’s employer, arguing that Overhead Door Company negligently entrusted its vehicle to Prickett. In addition to overruling prior case law precluding, as a matter of law, first-party claims based on negligent entrustment, the court considered whether “fault” can be apportioned to a tortfeasor whose negligence was a proximate cause of the plaintiff’s injury but who is otherwise immune from liability.