context: Massachusetts case law also evidences a clear preference for a full hearing, on the merits of a comparative negligence claim.
citation_a.signal: see also
citation_a.identifier: 372 Mass. 146, 151
citation_a.parenthetical: "only in a rare case may a judge rule as a matter of law that the plaintiffs contributory negligence bars recovery"
citation_a.sentence: Fahey v. Rockwell Graphic Systems, 20 Mass.App.Ct. 642, 650, 482 N.E.2d 519 (1985) (question of contributory negligence “is rarely taken from the jury and decided as a matter of law”); see also Everett v. Bucky Warren Inc., 376 Mass. 280, 289-290, 380 N.E.2d 653 (1978); Mirick v. Galligan, 372 Mass. 146, 151, 360 N.E.2d 1045 (1977) (“only in a rare case may a judge rule as a matter of law that the plaintiffs contributory negligence bars recovery”).
citation_b.signal: no signal
citation_b.parenthetical: question of contributory negligence "is rarely taken from the jury and decided as a matter of law"
citation_b.sentence: Fahey v. Rockwell Graphic Systems, 20 Mass.App.Ct. 642, 650, 482 N.E.2d 519 (1985) (question of contributory negligence “is rarely taken from the jury and decided as a matter of law”); see also Everett v. Bucky Warren Inc., 376 Mass. 280, 289-290, 380 N.E.2d 653 (1978); Mirick v. Galligan, 372 Mass. 146, 151, 360 N.E.2d 1045 (1977) (“only in a rare case may a judge rule as a matter of law that the plaintiffs contributory negligence bars recovery”).