"The pursuer's momentary inadvertence did not cause her to fall, nor contribute to her slipping in any way and I am therefore unable to hold that there was contributory negligence
on her part to any degree."
But this results solely from the judicature and the existing rules on contributory negligence
, stressed Griss.
Coffee Unlimited Company, trading as Starbucks, fully contested the case and the court heard there were issues of whether she had been offered a tray and of contributory negligence
Ruben contended that he should not be held liable for damages because the proximate cause of the accident was Elena's own negligence, and even if he may be negligent, his liability should be mitigated by the contributory negligence
Vinod Varma, an advocate at Lavino's Legal & Management Consultancy, said, "Sometimes, if contributory negligence
on the part of the victim is established, the court deducts a fee and depending on the extent of negligence, the diya money that is to be awarded to the family is reduced.
When there's room for different opinions, a judge may not find contributory negligence
but must let the lawsuit proceed toward trial and permit the defendant to argue to the jury that the plaintiffs were contributorily negligent, the 4th Circuit said in its published 3-0 decision.
The jury's finding of 80-percent contributory negligence
on the verdict form means the $5 million verdict is reduced to a $1 million net verdict.
"There is a high degree of contributory negligence
on the part of those in the van.
In court filings, the company argued contributory negligence
on the part of Jordan for standing on the tracks and failing to keep a safe lookout.
But even after justifying its action, CBK remains culpable for contributory negligence
: It should have nipped the crisis before the bank hit a cliff.
It also states a violation of the new requirements does not constitute negligence or contributory negligence
per se and does not create a private right of action or serve as the basis of a cause of action.
<br />"The big challenge was our recognition of the likelihood of a contributory negligence
verdict," Moore added.