Attorneys’ convinced the Superior Court to reverse the decision of the trial court and to order that judgment be entered in favor of our client

Attorneys’ convinced the Superior Court to reverse the decision of the trial court and to order that judgment be entered in favor of our client.  The plaintiff filed suit against our client after her decedent was killed in a motor vehicle accident, and the parties agreed to binding arbitration.  After the arbitrator found the plaintiff to be 60% negligent and our client to be 40% negligent, the plaintiff argued that the parties had agreed to principles of "comparative fault" which did not include a bar on recovery if the plaintiff was more than 50% negligent.  The trial court agreed and entered judgment against our client.  On appeal, the Superior Court found that principles of "comparative fault" and "comparative negligence" were one and the same and held that because the plaintiff was found to be more than 50% negligent, plaintiff was barred from any recovery.