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Two basic forms of comparative fault are utilized. These variants being commonly referred to as either 'pure' or 'modified.' In the 'pure' form [The 13 states utilizing pure comparative fault are Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, Michigan, New Mexico, New York, Rhode Island, and Washington. See V. Schwartz, supra, at § 2.1 ], a plaintiff's damages are reduced in proportion to the percentage negligence attributed to him; for example, a plaintiff responsible for 90 percent of the negligence that caused his injuries nevertheless may recover 10 percent of his damages. In the 'modified' form [The 21 states using the '50 percent' modified form: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin, and Wyoming. The 9 states using the '49 percent' form: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, North Dakota, Utah, and West Virginia. Two states, Nebraska and South Dakota, use a slight-gross system of comparative fault. See V. Schwartz, supra, at § 2.1. ], plaintiffs recover as in pure jurisdictions, but only if the plaintiff's negligence either (1) does not exceed ('50 percent' jurisdictions) or (2) is less than ('49 percent' ...
