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Comparative Fault

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Phipps v. Copeland Corp., LLC (2021)

The defendant bears the burden of proof on the issue of comparative fault, both who else wrongfully caused plaintiff harm and how much.  In an asbestosis case, this means that the defendant bears “the burden to establish concurrent or alternate causes by proving: that [the plaintiff] was exposed to defective asbestos containing products of other companies; that the defective designs… Read More

Sandoval v. Qualcomm, Inc.

by Jan T. Chilton |

A new trial may properly be ordered on the sole issue of the comparative fault of various defendants, and the trial court did not abuse its discretion in doing so here when there was much evidence that independent contractor defendant was far more at fault than hirer defendant for failing to warn plaintiff that a circuit breaker was still engaged—yet… Read More