Question

Sue sued Dan as a result of an automobile collision. The jury found that Sue was entitled to $1000 as compensation for her injuries. The jury also found that Dan was 80% at fault and Sue was 20%at fault.

1. As a result of finding, the North Carolina jury would find that Sue:

a. should receive 800

b.should receive nothing

c.must prove her damages by clear and convincing evidence in order to collect

d.should receive 1000

e. both c&d

Answer 1

Case context

• · Sue sued Dan as a result of an automobile collision.
• · The jury found that Sue was entitled to $1000 as compensation for her injuries.
• · The jury also found that Dan was 80% at fault and Sue was 20%at fault.
• · As a result of finding, the North Carolina jury would find that Sue:

Answer

• Sue is the plaintiff and Dan is defendant.
• North Carolina uses a “pure” contributory negligence rule, which prohibits a plaintiff from recovering any damages from a defendant in an accident if the plaintiff’s negligence is found to have contributed to the accident, even if only 1%.
• Since the plaintiff is 20% at fault which allows no recovery per North Carolina’s jurisdiction.
• Option b) Should receive nothing is the correct answer.

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