Jury Nullification in Modified Comparative Negligence Regimes
Eli K. Best
affiliation not provided to SSRN
John J. Donohue III
Stanford Law School; National Bureau of Economic Research (NBER)
University of Chicago Law Review, Forthcoming
Stanford Public Law Working Paper No. 1874466
Stanford Law and Economics Olin Working Paper No. 419
This paper 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% negligent. This evidence of jury manipulation strengthens the case for pure comparative negligence, which we argue is already superior on theoretical and policy grounds.
Number of Pages in PDF File: 37
Keywords: torts, comparative negligence, jury nullification
Date posted: June 29, 2011 ; Last revised: January 5, 2012
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