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9. In this action, the plaintiff should recover
The plaintiff has brought an action against the defendant to recover damages for his loss resulting from the accident. The jury determined that both parties were negligent, but that the defendant was less negligent than the plaintiff. The jurisdiction follows a pure comparative negligence rule.
A defendant operates a bank courier service that uses armored trucks to transport money and securities. One of the defendant's armored trucks was parked illegally, too close to a street intersection. The plaintiff, driving his car at an excessive speed, skidded into the armored truck while trying to make a turn. The truck was not damaged, but the plaintiff was injured.
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A is incorrect. This answer misstates the applicable standard, which is that when the plaintiff and defendant each have a proportion of the fault, in a pure comparative rule jurisdiction, the plaintiff may recover the full damages less the amount for which he is responsible.
B is incorrect. This answer also misstates the standard. Even when a plaintiff is more liable than the defendant, in a pure comparative jurisdiction, the plaintiff is entitled to damages that are proportionate to the defendant's fault.
D is incorrect. As explained above, the plaintiff is only entitled to the full damages minus the amount attributed to his own negligence.