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The Rise And Fall And Perhaps Rise Again Of The "Blindfold Rule" In Modified Comparative Fault Cases: A Proposed Experiment, Jordan Leibman, Robert Bennett, Richard Fetter
The Rise And Fall And Perhaps Rise Again Of The "Blindfold Rule" In Modified Comparative Fault Cases: A Proposed Experiment, Jordan Leibman, Robert Bennett, Richard Fetter
Robert B. Bennett
... Wyoming and Illinois are among the states that maintain systems of modified comparative fault. ... The experiment also provides a comparative measure of the economic effects of the four principal defensive rule regimes: (1) contributory-negligence-as-a-complete-defense; (2) pure comparative fault; (3) modified comparative fault under the blindfold rule; and (4) modified comparative fault under a sunshine rule. ... So, when the Wisconsin legislature, in 1931, enacted a modified comparative fault law, a blindfold rule automatically came into effect in cases where special verdicts were submitted. ... The language of section 1-7.2 of the statute closely followed the Wisconsin law with …