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Herteg v. Somerset Collection GP9/20/2002
those parties." Further, only at this point were the jurors instructed that the total "fault" must add up to one hundred percent. We believe it is possible that the jury simply disconnected the legal concept of negligence from the calculation of fault percentages, relying more on an everyday understanding of personal responsibility. In other words, the jury could have marked the verdict form as it did based on the conclusion that even though defendant had not established that plaintiff was negligent, she nonetheless bore some level of fault for the accident. We believe that in these circumstances, the trial court's determination that the specific finding of no negligence on plaintiff's part should govern was a reasonable remedy.
Affirmed.
Kathleen Jansen
Donald E. Holbrook, Jr.
Richard Allen Griffin
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