Comments on: South Dakota Supreme Court Rules that Suicide Case Not Subject to Reasonable Person Standard for Contributory Negligence http://jonathanturley.org/2007/12/09/south-dakota-supreme-court-rules-that-suicide-case-not-subject-to-reasonable-person-standard-for-contributory-negligence/ Res ipsa loquitur ("The thing itself speaks") Sat, 11 Feb 2012 05:48:46 +0000 hourly 1 http://wordpress.com/ By: deeply worried http://jonathanturley.org/2007/12/09/south-dakota-supreme-court-rules-that-suicide-case-not-subject-to-reasonable-person-standard-for-contributory-negligence/#comment-3340 Mon, 10 Dec 2007 00:47:30 +0000 http://jonathanturley.org/2007/12/09/south-dakota-supreme-court-rules-that-suicide-case-not-subject-to-reasonable-person-standard-for-contributory-negligence/#comment-3340 But then again I am not even a mere 1L!

]]> By: deeply worried http://jonathanturley.org/2007/12/09/south-dakota-supreme-court-rules-that-suicide-case-not-subject-to-reasonable-person-standard-for-contributory-negligence/#comment-3339 Mon, 10 Dec 2007 00:23:48 +0000 http://jonathanturley.org/2007/12/09/south-dakota-supreme-court-rules-that-suicide-case-not-subject-to-reasonable-person-standard-for-contributory-negligence/#comment-3339 Comparative negligence seems more appropriate to this case and we would apply some kind of percentage of culpability so far as recovery.

]]> By: jonathanturley http://jonathanturley.org/2007/12/09/south-dakota-supreme-court-rules-that-suicide-case-not-subject-to-reasonable-person-standard-for-contributory-negligence/#comment-3332 Sun, 09 Dec 2007 18:31:31 +0000 http://jonathanturley.org/2007/12/09/south-dakota-supreme-court-rules-that-suicide-case-not-subject-to-reasonable-person-standard-for-contributory-negligence/#comment-3332 The opinion has an obvious internal logic, but it suggests a type of reasonable deranged person standard. The point is that contributory negligence would have to be blocked if any recovery is allowed in such cases. In contributory negligence states, any contributory negligence is a complete bar to recovery. In a comparative negligence, it depends on whether it is a partial or pure jurisdiction. (Partial would bar any contributory negligence over 50%).

]]> By: deeply worried http://jonathanturley.org/2007/12/09/south-dakota-supreme-court-rules-that-suicide-case-not-subject-to-reasonable-person-standard-for-contributory-negligence/#comment-3328 Sun, 09 Dec 2007 15:08:25 +0000 http://jonathanturley.org/2007/12/09/south-dakota-supreme-court-rules-that-suicide-case-not-subject-to-reasonable-person-standard-for-contributory-negligence/#comment-3328 Well, it would seem the jury was wrongly instructed and it is inexplicable to me how that could have happened. Obviously a factor was that she had been administered some type of medication and the court must have thought that elevated her to the standard.

But any expert witness could (and definitely would) testify that anti-depressant medications share a whole set of limitations including long latency periods before becoming effective and other factors that kick in when more than one anti-depressant agent is being used (dosage adjustments which differ with each patient).

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