Does a trial court properly instruct the jury on comparative negligence principles in a nuisance action where a defense claim is made that if the nuisance exists it arose because of negligence?
California, United States of America
The following excerpt is from Martinez v. Pacific Bell, 225 Cal.App.3d 1557, 275 Cal.Rptr. 878 (Cal. App. 1990):
1 Tint v. Sanborn, supra, held that "a trial court properly instructs the jury on comparative negligence principles in a nuisance action alleging damages to real property where ... a defense claim is made that if a nuisance exists it arose because of ... negligence." (211 Cal.App.3d at p. 1234, 259 Cal.Rptr. 902, fn. omitted.)
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