4. A jury finds that Leigh, the defendant, is liable in a tort case. It determin

Question

4. A jury finds that Leigh, the defendant, is liable in a tort case. It determines that José, the plaintiff, has suffered $200,000 in damages. The jury also finds that José’s own fault contributed 25% to his own injuries. Under a comparative negligence instruction from the judge, what amount of damages should the jury award the plaintiff from the defendant? If the jury finds that José is personally responsible for 75% of his own injuries that caused the damages sued for, what do you believe is a fair amount that Leigh should be required to pay? Why?

Explanation / Answer

According to Pure Comparative Negligence:

Plaintiff was awarded $200,000 and the jury determined that the plaintiff was 25% responsible for his damages, he would be awarded $150,000(75% of 200,000).

He will not recieive any compensation for his damages because of Modified Comparative Negligence: in order to recover damages, the plaintiff must not be more than 50% at fault for the resulting injury.

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