Gary Johnson v. Bill Swain

This is a personal injury case brought under theories of both strict liability and negligence The jury found that plaintiff was contributorily negligent, but failed to find that defendant was negligent. The parties stipulated that plaintiffs comparative causation as to his strict liability claim would be governed by the jurys finding on comparative negligence. We hold that the effect of this stipulation is to bar plaintiffs recovery under both theories. We therefore reverse the judgment of the court of appeals awarding judgment to plaintiff, 750 S.W.2d 343, and render judgment that plaintiff take nothing.