While driving his car five miles over the speed limit,Carl struck Darla,who was jaywalking across the street.Darla sues and when the case comes to trial,the jury determines that Carl was 60% negligent and that Darla was 40% negligent.Darla's damages for injuries are $10,000.If this accident occurred in a state following the comparative negligence theory of recovery,Darla will:
A) recover $10,000.
B) not recover anything.
C) recover $6,000.
D) recover $4,000.

Question

Quizplus · Accepted Answer

Under the comparative negligence theory of recovery, Darla will be able to recover damages in proportion to her degree of fault. Since she was found to be 40% negligent, her damages will be reduced by 40%. Therefore, she will be able to recover $6,000 ($10,000 - 40% of $10,000).

While Driving His Car Five Miles Over the Speed Limit,Carl