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A state statute provides for a system of pure comparative negligence, joint and several liability of concurrent tortfeasors, and contribution based upon proportionate fault.
A plaintiff sustained personal injuries in a three-car collision caused by the concurrent negligence of a trucker and a bus driver. In the plaintiff's action for damages against the other two drivers, the jury apportioned the negligence 30% to the plaintiff, 30% to the trucker, and 40% to the bus driver. The plaintiff's total damages were $100,000.
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B is incorrect. As explained above, the plaintiff's damages caused by the trucker and bus driver are $70,000. Under joint and several liability, the plaintiff can collect the full amount from the trucker, who can then sue the bus driver for the bus driver's contribution.
C is incorrect. Under joint and several liability, the plaintiff will be able to recover the full amount from the trucker, who can sue the bus driver for his share through an action for contribution.
D is incorrect. It gives the standard for modified (hybrid) comparative negligence. Pure comparative negligence allows the plaintiff to recover all her damages, minus the percentage attributed to her own negligence.