Statutory Set-Off Of Competing Claims Arising Under The Texas Comparative Negligence Act Is Mandatory

Date

1977

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Examines the Texas Court of Civil Appeals for Amarillo’s decision in Willingham v. Hagerty. In Willingham, the court held that setting off competing negligence claims under the Texas Comparative Negligence Act was mandatory. Thus, if both parties are found equally negligence, the party with the greater damages can only recover the amount in excess of the damages owed to other party. The author believes this decision is in line with legislative intent and the “established trend of judicial authority.”

Description

Keywords

Comparative negligence, Set-off, Texas Comparative Negligence Act, Damages, Willingham v. Hagerty, Case note

Citation

9 Tex. Tech L. Rev. 367