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MMLU / The local jurisdiction has a modified comparative negligence statutein effect…

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question

The local jurisdiction has a modified comparative negligence statutein effect that provides:"Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made. "In addition, this jurisdiction follows joint and several liability for joint tortfeasors. A buyer recently purchased an undeveloped beachfront lot in the jurisdiction. He hired a building contractor to construct a new house on the property. Thereafter, the contractor employed a subcontractor to provide on-site maintenance. The contractor contracted with a cement company to supply concrete for the foundation of the structure. After excavation started, an employee of the cement company delivered a load of concrete to the construction site. To facilitate delivery, the contractor and the subcontractor had built an access ramp extending from the street to the lot. As the employee was driving over the ramp, it suddenly collapsed and caused the truck to overturn, seriously injuring the employee. A subsequent investigation determined that the contractor and the subcontractor negligently used substandard materials in constructing the ramp. In addition, the employee was partially at fault for driving while intoxicated. The employee brought suit against the contractor and the subcontractor to recover damages for his injuries. A special trial was held on the issue of negligence, and it was adjudged that each party was contributorily negligent as follows:PARTY DEGREE OF NEGLIGENCEPlaintiff: (the EE) 40%Defendant: (the contractor) 35%Defendant: (the subcontractor) 25%The employee, who suffered damages in the amount of $100,000, brings a personal injury action against the contractor individually. He will most likely

choices

  1. recover nothing, because he was more at fault than the contractor.
  2. recover $100,000.
  3. recover $55,000.
  4. recover $35,000.

subject

professional_law

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Source and history

task_id
8b400389-7d76-533a-8b36-02400054349b
task_key
all--test--8b400389-7d76-533a-8b36-02400054349b
task_revision_id
1
config / split
all / test

Official source

initial import