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114. If the motorist pursues a claim against the blasting company to recover for the damage to the car, and all the foregoing facts are established, how much should the motorist recover?
The jurisdiction follows the traditional common law rules governing contributory negligence and assumption of risk.
A blasting company was conducting blasting operations in connection with a highway-widening project. Prior to setting off a charge, the blasting company supervisor posted a large warning sign and stationed a flagman to stop automobiles along the highway. Although a motorist saw and understood both the sign and the flagman's instruction to stop, the motorist nonetheless continued past the flagman and the sign and was traveling along the highway at the moment of the blast. A flying rock from the blast hit and severely damaged the motorist's car.
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A is incorrect. The assumption of risk defense bars the motorist from recovering anything for the damage to the car.
B is incorrect. The motorist is barred from recovering anything for the damage to the car under the assumption of risk defense.
C is incorrect. The motorist assumed the risk of damage to his car as a result of the blasting and will be barred from recovering for the damage to the car.