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3.5-1  Comparative Negligence - General

Revised to January 1, 2008

In this case, the defendant has filed a special defense alleging that the plaintiff's injuries were legally caused by the plaintiff's own negligence.  The defendant must prove the elements of this special defense by a preponderance of the evidence.  Specifically, the defendant must prove that the plaintiff was negligent in one or more of the ways specified in the special defense and that such negligence was a legal cause of any of the plaintiff's injuries.




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