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The Rise and Fall and Perhaps Rise Again of the "Blindfold Rule" in Modified Comparative Fault Cases: A Proposed Experiment
The Dickenson Law Review (1998)
  • Jordan Leibman
  • Robert B. Bennett, Butler University
  • Richard E. Fetter, Butler University
Abstract

... Wyoming and Illinois are among the states that maintain systems of modified comparative fault. ... The experiment also provides a comparative measure of the economic effects of the four principal defensive rule regimes: (1) contributory-negligence-as-a-complete-defense; (2) pure comparative fault; (3) modified comparative fault under the blindfold rule; and (4) modified comparative fault under a sunshine rule. ... So, when the Wisconsin legislature, in 1931, enacted a modified comparative fault law, a blindfold rule automatically came into effect in cases where special verdicts were submitted. ... The language of section 1-7.2 of the statute closely followed the Wisconsin law with its special verdict requirements. ... Despite Illinois' abandonment of its experiment with comparative fault principles, there was increasing dissatisfaction with contributory negligence. ... With respect to jury instructions, the statute provided that "[t]he court shall instruct the jury in writing that the defendant shall be found not liable if the jury finds that the contributory fault of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought." ...

Disciplines
Publication Date
1998
Publisher Statement

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Citation Information
Jordan Leibman, Robert B. Bennett and Richard E. Fetter. "The Rise and Fall and Perhaps Rise Again of the "Blindfold Rule" in Modified Comparative Fault Cases: A Proposed Experiment" The Dickenson Law Review Vol. 33 (1998)
Available at: http://works.bepress.com/robert_bennett/8/