(1) Being a rescuer (want to encourage rescues)3.Last Clear Chance Rulea.(1) Lets the plaintiff recover despite being negligent himself, if thedefendant was the personwith the “last clear chance” to prevent theaccident from occurringf.Comparative Negligencei.The concept most jurisdictions have switched to from contributory negligenceii.Recovery depends on seriousness of plaintiff’s negligence to defendant’s negligenceiii.Where the plaintiff and the defendant are both at fault for creating the plaintiff’s injury:1.It is not an all or nothing propositiona.(1) Plaintiff’s negligence does not bar recoveryb.(2) Last clear chance and assumption of risk does not apply2.Each party bears the cost of his portion of negligenceiv.Can apply where:1.P and D are both found to be negligent2.P and multiple Ds are all found negligent3.Multiple Ds are found negligent and P is not negligentv.Types:
1.Pure comparative negligence => everyone recovers for other person’scontributiona.(1) If P = 51% @ fault and D = 49% @ fault, P recovers 49% of damages2.Modified/partial comparative negligencea.(1) If P = 51% @ fault and D = 49% @ fault, P does not recover becausethey are more at fault than all D’s combinedb.(2) Plaintiff at fault may recover under pure system so long as theirnegligence is not greater than defendant’s (a) Can only recover as longas P is less than 50% liablec.(3) Plaintiff may recover under the pure system only so long as theirnegligence “is no greater” than defendants(a) Not more than 50%vi.Uniform Comparative Fault Act1.Any contributory fault to P diminishes amount awarded as damagesproportionally but does not bar recovery2.Determine % at fault, when some parties insolvent can reallocate including toclaimant3.Right of contribution exists between 2 or more jointly & severally liable4.Party paying more than equitable share of obligation may recover judgment forcontribution5.Preserves joint & several liabilityvii.Iowa Code Chapter 6681.IfNPlaintiff> ∑NDefendants, P may not recover2.IfNPlaintiff≤ ∑NDefendants, P may recover for portion that D is at fault3.If ND ≥ 50% then that defendant may be held joint & severally liable.g.Fritts v. McKinne i.Doctor performs a procedure. Because of a crash, the plaintiff’s artery or something was in the wrong location. Incision hit vein and caused patient to die 3 days later. Doctor claims that plaintiff’s negligence that cause him to need treatment so P was also negligent. ii.A physician may not avoid liability for negligent medical treatment simply because the patient’s own negligence caused the injury necessitating the medical treatment. iii.Plaintiff’s antecedent negligence may not be considered in determining rendition of medical care or other services 1.i.e., Physician may not avoid liability for negligent medical treatment because P’s own negligence caused the harm that necessitated the medical treatmentsii.Negligent P v. Negligent D 1.Look at % at fault iii.Negligent P v. Negligent D Physician1.No % at fault because P should be given non-negligent medical care 2.Avoidable Consequences c.