Cboldt wrote -
“You can bet that defendant Twin Peaks will raise that affirmative defense in the Rodriguez case.”
Yes, I think you are right. And one of the defendants has already done so in its answer to the Don Carlos lawsuit -
“b. Plaintiff’s damages, if any, were proximately caused by the criminal acts of third parties. See Petition § I, p.2. The criminal acts of third parties constitute a superseding cause of the damages alleged by Plaintiff.
c. Plaintiff’s damages, if any, were proximately caused by the actions of law enforcement agents. See Petition § I, p. 3. The acts, orders, mandates and/or requirements of law enforcement agents, investigating authorities, and/or the government agencies/entities for whom they worked, constitute a superseding cause of the damages alleged by Plaintiff.”
Neither of those is “comparative negligence.” Comparative negligence would be to assign some of the blame to Mr. Rodriguez himself. It’s partly his own fault he’s dead, based on his own negligence.