CHAPTER 898
PLEADING

Table of Contents

Sec. 52-102b. Addition of person as defendant for apportionment of liability purposes.
Sec. 52-114. Pleading of contributory negligence.

      Sec. 52-102b. Addition of person as defendant for apportionment of liability purposes.

      Subsec. (a):

      Although compliance with the 120-day limit is mandatory, equitable reasons may excuse compliance, and fact that legal basis for apportioning liability arose only after the 120-day limit had expired constitutes an equitable reason justifying excusal from compliance with the limit. 281 C. 112.


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      Sec. 52-114. Pleading of contributory negligence.

      Appropriate method for conveying effect of this section to a jury is to articulate the burdens that it imposes upon the parties. Those burdens are that plaintiff must prove defendant's negligence, and defendant must prove plaintiff's contributory negligence if defendant has pleaded it. 281 C. 29.

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