Opinion · Massachusetts Supreme Judicial Court
Graci v. Damon
Graci v. Damon, 376 Mass. 931 (Massachusetts Supreme Judicial Court 1978)
- Type
- Opinion
- Court
- Massachusetts Supreme Judicial Court
- Jurisdiction
- Massachusetts
- Date
- 1978-12-15
- Topic
- general
How later courts describe this case
- comparative negligence doctrine created to address cases where “there is negligence on the part of both parties”
- abolition of assumption of the risk is a substantive change in the law
Citator
UpLaw has not yet analyzed Graci v. Damon. The absence of a flag is not a finding that it is good law.
- Cited by
- 29 opinions
We granted further appellate review on the application of the defendant Damon. The issue raised by Damon is whether "the negligence of the plaintiff should be compared with that of each individual defendant rather than making a comparison between the negligence of the plaintiff and the negligence of all defendants combined” in applying the comparative negligence statute as it appeared in G. L. c. 231, § 85, as appearing in St. 1969, c. 761. The Appeals Court concluded that the negligence of a plaintiff is to be compared with the total negligence of all the defendants. We agree with the reasoning and the result reached by the Appeals Court. See Graci v. Damon, 6 Mass. App. Ct. 160, 167-171 (1978).
Judgments of the Superior Court Department affirmed.