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.
The jury has found that the plaintiff sustained damages in the amount of $100,000, and apportioned the causal negligence of the parties as follows: The plaintiff 40%, the truck driver 30%, and the bus driver 30%.
While driving his car, the plaintiff sustained injuries in a three-vehicle collision. The plaintiff sued the drivers of the other two vehicles, a truck and a bus, and each defendant crossclaimed against the other for contribution. The jurisdiction has adopted a rule of pure comparative negligence and allows contribution based upon proportionate fault. The rule of joint and several liability has been retained.
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. As explained above, the plaintiff is entitled to $60,000 in damages from either the truck driver or the bus driver, and whichever defendant pays those damages may collect from the other defendant their proportionate amount of the award in contribution.
B is incorrect. Because joint and several liability applies, the plaintiff may collect the full amount of his award ($60,000) from either defendant. And because contribution based on proportionate fault also applies, the truck driver may collect $30,000 from the bus driver.
C is incorrect. The amount of $40,000 (40%) is what the plaintiff is responsible for, not the amount he may recover in damages, which is $60,000, $30,000 of which the truck driver may collect from the bus driver as a proportionate amount of the award in contribution.