A prisoner who secured a $400,000 verdict against a prison health care system has had his case sent back for retrial after the state Superior Court determined that jury instructions incorrectly allowed jurors to find comparative negligence in the case and led the court to reduce the award by more than one-fifth.
A split three-judge panel of the court ruled in Jones v. Prison Health Services that because the health systems did not introduce evidence about whether the prisoner’s conduct contributed to his injuries, the court should not have given the jury a general instruction on comparative negligence.
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