City of Wahoo v. NIFCO Mechanical Systems, Inc.
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In this negligence action, the Supreme Court reversed the district court's judgment for NIFCO Mechanical Systems, Inc., holding that the comparative negligence instructions constituted plain error.
After a pipe in the sprinkler system of the City of Wahoo's public library burst, Wahoo brought suit against Cheever Construction Company and NIFCO alleging that Cheever negligently installed the sprinkler system and that NIFCO negligently failed to inspect and maintain it. NIFCO asserted as an affirmative defense that Wahoo's negligence was a proximate cause of any damages. The claims against Cheever were dismissed by stipulation during the course of trial, and the case was submitted to the jury with NIFCO as the sole defendant. The jury rendered a verdict in favor of NIFCO. The Supreme Court reversed, holding that the district court's comparative negligence jury instructions were plainly erroneous.
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