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72. Based on these damage and responsibility amounts, what is the maximum that the injured driver could recover from the neighbor?
The jury has found that the injured driver's damages were $100,000, that the injured driver was 10% at fault, that the teenager was 60% at fault, and that the neighbor was 30% at fault for entrusting his car to the teenager.
The injured driver has brought an action for damages against the neighbor, based on negligent entrustment, and against the teenager.
While on his way to the party, the teenager negligently turned in front of a moving car and caused a collision. The other driver was injured in the collision.
An elderly neighbor hired a 17-year-old boy with a reputation for reckless driving to drive the neighbor on errands once a week. One day the teenager, driving the neighbor's car, took the neighbor to the grocery store. While the neighbor was in the store, the teenager drove out of the parking lot and headed for a party on the other side of town.
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A is incorrect. The damages awarded to the driver is determined by the total amount ($100,000) minus the plaintiff's negligence ($10,000).
C is incorrect. As explained above, because the default standard is pure comparative negligence with joint and several liability, the driver can recover the total damages (less his own negligence) from any one of the defendants.
D is incorrect. The driver is not limited to recovering damages calculated exclusively based on the neighbor's negligence, he may recover the full amount.