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Article
Jury Nullification in Modified Comparative Negligence Regimes
The University of Chicago Law Review (2012)
  • Eli K. Best
  • John J. Donohue, Stanford Law School
Abstract

This Article analyzes jury findings from nearly one thousand negligence suits to determine whether juries in modified comparative negligence jurisdictions apportion percentages of negligence differently than juries in pure comparative negligence jurisdictions. We find that juries in modified comparative negligence jurisdictions are substantially less likely to find that a plaintiff was more than 50 percent negligent. This evidence of jury manipulation strengthens the case for pure comparative negligence, which we argue is already superior on theoretical and policy grounds.

Keywords
  • negligence suits,
  • jury,
  • juries,
  • modified comparative negligence,
  • jurisdiction,
  • pure comparative negligence
Disciplines
Publication Date
2012
Citation Information
Eli K. Best and John J. Donohue. "Jury Nullification in Modified Comparative Negligence Regimes" The University of Chicago Law Review Vol. 79 (2012)
Available at: http://works.bepress.com/john_donohue/124/