The court may, and when requested by any party shall, direct the jury to find separate special verdicts determining the amount of damages and the percentage of negligence or comparative responsibility attributable to each party; and the court shall then reduce the amount of such damages in proportion to the amount of negligence or comparative responsibility attributable to the person recovering. Nothing contained herein shall create any new legal theory, cause of action, or legal defense.
Idaho Code § 6-802
Verdict giving percentage of negligence or comparative responsibility attributable to each party
Applied in 7 court decisions — leading case Sullivan v. Scoular Grain Co. of Utah (1993)
Most recently applied in Does I-Xix v. Boy Scouts of Am. (April 2019)
1971, ch. 186, § 2, p. 862; am. 1987, ch. 278, § 3, p. 571.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.