Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
- Homepage »
- Torts »
- Negligence
14. The plaintiff should recover
The plaintiff sued the defendant and the man jointly to recover the damages he suffered resulting from the accident. The jurisdiction has a pure comparative negligence rule and has abolished the defense of assumption of risk. In respect to other issues, the rules of the common law remain in effect.
A man, who was driving his car at night, stopped the car and went into a nearby tavern for a drink. He left the car standing at the side of the road, projecting three feet into the traffic lane. The lights were on and his friend, the plaintiff, was asleep in the back seat. The plaintiff awoke, discovered the situation, and went back to sleep. Before the man returned, his car was hit by an automobile approaching from the rear and driven by the defendant. The plaintiff was injured.
Comments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
A is incorrect. Pure comparative negligence does not require the plaintiff to be less at fault than the defendants.
B is incorrect. It gives the standard for modified (or hybrid), rather than pure, comparative fault.
D is incorrect. The facts state that, other than pure comparative negligence, the common law rules remain in effect. The adoption of pure comparative negligence, therefore, did not eliminate the joint and several liability of the defendants. The defendant and the man are each liable for the entire award and must pursue an action between them for contribution. The plaintiff is entitled to collect the entire award from either of them as long as his total award only equals the amount established by the judgment.