In what circumstances would the elimination of all kinds of shades of negligence or other categories of fault in motor vehicle accident cases?

California, United States of America


The following excerpt is from Sorensen v. Allred, 112 Cal.App.3d 717, 169 Cal.Rptr. 441 (Cal. App. 1980):

The important by-product of the abolition of shades of negligence or other categorizations of fault would be the streamlining of the trial of cases. The submission to triers of fact, particularly juries, of issues of liability upon the simply stated question, "Whose fault was it, and if both are at fault, what are the degrees of fault of each" places the issues in a context more readily understood. The greater the elimination of such [112 Cal.App.3d 726] "buzz" words as willful misconduct, last clear chance, (assumption of the risk), etc., 2 the more the focus will be upon the real issues as we have noted above. The elimination of willful misconduct as a bar to recovery offers justice to both plaintiffs and defendants in situations where it now is all or nothing. Witness Ewing v. Cloverleaf Bowl, supra, 20 Cal.3d 389, 143 Cal.Rptr. 13, 572 P.2d 1155, where the plaintiff would be the beneficiary of the elimination of willful misconduct as a total bar to recovery.

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