The plaintiff brought a slip and fall action under the simplified procedure, capping his claim at $25,000.
The trial judge assessed damages at $34,933.14 but found the plaintiff 50% contributorily negligent, resulting in an award of $17,466.57.
The defendant appealed, arguing the 50% reduction should have been applied to the $25,000 cap rather than the assessed damages.
The Divisional Court dismissed the appeal, holding that the abandonment of a claim in excess of $25,000 under Rule 76 applies only to the final judgment amount, not the assessed damages.
