Thomas Gustafson, Respondent, v. Donna M. Benda, Appellant, 661 S.W.2d 11

Summary

The appeals court transferred the case to the court for reexamination of the definition of "the point of imminent peril" or "the point of immediate danger." If as was previously held, the motorcyclist would have been unable to recover for his injuries. On appeal, the court found that comparative fault should have applied in accordance with the Uniform Comparative Fault Act §§ 1-6, 12 U.L.A. Supp. 35-45 (1983). By finding that comparative fault applied, the court supplanted the doctrines of contributory negligence, last clear chance, and humanitarian negligence with a comprehensive system of comparative fault.