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Senate orders S.278 to third reading to bar comparative-negligence reductions in certain assault civil suits
Summary
The Senate accepted Judiciary Committee changes to S.278, which would prohibit juries from reducing awards based on a plaintiff's percentage of fault in cases involving sexual assault or related violent conduct, and ordered the bill for third reading.
The Senate voted to adopt the Judiciary Committee—s amended S.278 and ordered the bill to third reading.
The Judiciary Committee reporter (the senator from Chittenden Central) explained that under current comparative-negligence rules (12 V.S.A. chapter 1036) a plaintiff—s recovery in civil suits can be reduced by the percentage a jury attributes to the plaintiff—s fault. The reporter urged that the law continues to allow a jury to apportion fault in ordinary negligence cases but that S.278 would carve out…
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