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Name: People v. Millard
Case #: D049268
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/22/2009
Summary

The trial court may reduce restitution when a victim’s contributory negligence was a factor causing injuries. Both Millard and the prosecutor appealed the trial court’s restitution order following Millard’s conviction for drunk driving causing injury. The trial court concluded that the victim was 25 percent comparatively negligent in the accident and reduced the restitution amount to reflect this. The appellate court affirmed the order. Comparative fault may be a factor to be considered when determining the amount of restitution.