82. Apportionment.

82.     Apportionment.

In a case of contributory negligence the damages recoverable by the claimant are to be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage1. The court has regard both to the blameworthiness2 of each party and the relative importance of the acts in causing the damage (often called causative potency)3. An appellate court will be reluctant to interfere with the apportionment of blame or damages by the trial judge4, but it will do so if the