15Apportionment by judge or jury

#### 15 Apportionment by judge or jury 15 Apportionment by judge or jury > > (1) If proceedings to which section 9 applies are tried by a judge sitting without a jury, the judge is to make the apportionment under section 9. > > > (2) If proceedings to which section 9 applies are tried by a judge sitting with a jury, the jury is to determine the total damages that would have been recoverable had there been no contributory negligence by the claimant, and the extent to which those damages are to be reduced. > > **s 15:** Rep 1970 No 52, Second Sch. Ins 2000 No 111, Sch 1 \[3\].