It is virtually impossible to think seriously about torts and not think of negligence; it is virtually impossible to think seriously about negligence and not think of the jury. The staples of the common-law negligence system--striking a liability profile, and assessing a causal loss--are the staples of the civil jury province. The historic inevitableness of the fact, however, has never put the matter beyond reflection, scrutiny, reconsideration, challenge, nor controversy. Assuredly, controversy.
R. Perry Sentell Jr.,
The Georgia Jury and Negligence: The View from the Bench
Available at: http://digitalcommons.law.uga.edu/fac_artchop/141