Est. of Mabee v. Wheatland County

Summary

The Court affirmed the judgment entered after a jury found both Mabee and Wheatland County negligent but assigned 95% of the fault to Mabee. It held that comparative negligence is generally available to a jailer unless the jailer knew or should have known that the detainee was at risk of harm, in which event the jailer’s duty may supersede the detainee’s duty of self-protection. The Court also held that the Estate failed to preserve its challenge to the lack of a more specific special-circumstances instruction and failed to show prejudicial instructional error.