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RODGERS v. AMERICAN HONDA MOTOR CO.

No. 94-1556.

46 F.3d 1 (1995)

Debra A. RODGERS, Individually, and Barry Brown and Debra A. Rodgers in their Capacity as Co-Guardians of Brian Rodgers, an Incompetent Person, Plaintiffs, Appellants, v. AMERICAN HONDA MOTOR COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 31, 1995.

Attorney(s) appearing for the Case

John C. Cabaniss with whom Cunningham, Lyons & Cabaniss, S.C., Milwaukee, WI, was on brief for appellants.

Andrey L. Frey, orally, Washington, DC, with whom Wayne D. Struble, Richard A. Bowman, Timothy J. Mattson, Bowman and Brooke, Minneapolis, MN, Peter W. Culley, David E. Barry, and Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, ME, were on brief for appellee.

Before TORRUELLA, Chief Judge, ALDRICH, Senior Circuit Judge, and STAHL, Circuit Judge.

BAILEY ALDRICH, Senior Circuit Judge.

In 1965, in line with the growing concern over the fatal consequence of contributory negligence, the Maine Legislature enacted a statute permitting recovery, but reduced damages, in cases where a plaintiff, though negligent, was less so than the defendant. Me.Rev.Stat.Ann. tit. 14, § 156. Although there were a variety of state statutes in effect, the Legislature chose the English one, see Wing v. Morse,

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