Attorney Marc Breakstone commented as a legal expert in a Boston Globe article this week on Worcester Polytechnical Institute’s (WPI) response to a negligence lawsuit, brought by a former student who was raped while studying abroad. The college responded that the student was partially responsible.
“It’s a strategy that, frankly, often backfires in trial because the jury gets incensed,” Attorney Breakstone said.
This is a comparative negligence argument. This is traditionally an argument defense lawyers try and make for slip-and-fall cases or other accidents. In these cases, juries are left to assign a percentage of blame on the defendant and the plaintiff. In this case, Attorney Breakstone called the use, “repugnant.”