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Webb v. Navistar International Transportation Corp.

Vermont Supreme Court

692 A.2d 343 (1996)

Relevant factsFree

Webb (plaintiff) was riding on the draw bar of a tractor manufactured by Navistar (defendant), blocking the tractor's reflective warning triangle, at night on a public road while its amber lights and taillight (which were malfunctioning) should have warned oncoming traffic; a car struck the tractor, seriously injuring him. A jury found for Webb on his strict-liability claim, and Navistar appealed, arguing the evidence was insufficient and that the jury should have been allowed to apportion fault between the parties.

IssueFree

Whether a plaintiff's damages in a strict products liability action should be reduced by his own percentage of the total negligence contributing to his injury.

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