A defendant is driving text 5 mph over the speed limit. A pedestrian, who is not looking where they are going, steps into the street and is hit. The jury finds the defendant text 10% at fault and the pedestrian text 90% at fault. The jurisdiction follows 'pure comparative negligence.' The pedestrian's total damages are text 100,000 . How much can the pedestrian recover?

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The Title 28 of the United States Code QUESTION #3720

Question 1

A defendant is driving $\text{5 mph}$ over the speed limit. A pedestrian, who is not looking where they are going, steps into the street and is hit. The jury finds the defendant $\text{10%}$ at fault and the pedestrian $\text{90%}$ at fault. The jurisdiction follows 'pure comparative negligence.' The pedestrian's total damages are $\text{\$100,000}$. How much can the pedestrian recover?

Nothing, because the pedestrian was more than $\text{50%}$ at fault.
$\text{\$10,000}$.✔️
$\text{\$90,000}$.
$\text{\$100,000}$.

Correct Answer Explanation

In a 'pure' comparative negligence jurisdiction, a plaintiff can recover damages regardless of their percentage of fault, but the recovery is reduced by that percentage. $\text{\$100,000} - 90\% = \text{\$10,000}$.

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