Torts & Personal Injury Flashcards

In a pure comparative negligence jurisdiction, a plaintiff with $100,000 in damages is found 70% at fault. How much can she recover?

Answer: $30,000

Pure comparative negligence reduces recovery by the plaintiff's share of fault, whatever the percentage.

In a modified comparative negligence jurisdiction that bars recovery when the plaintiff's fault exceeds the defendant's, a plaintiff is found 60% at fault. She recovers:

Answer: Nothing

Under modified comparative negligence, a plaintiff whose fault passes the threshold (here, more than 50%) is completely barred.

In the few jurisdictions that still follow pure contributory negligence, which doctrine lets a negligent plaintiff recover if the defendant had the final opportunity to avoid the accident?

Answer: Last clear chance

Last clear chance softens contributory negligence by letting the plaintiff recover when the defendant had the last opportunity to avoid harm and failed to use it.

Two defendants' negligence combines to cause one indivisible injury, and one defendant is insolvent. Under traditional joint and several liability, the plaintiff may:

Answer: Recover her full damages from the solvent defendant

Joint and several liability lets the plaintiff collect the full judgment from any liable defendant, who may then seek contribution from the others.

A plaintiff's medical bills were fully paid by her health insurer. Under the traditional common-law collateral source rule, the defendant:

Answer: May not introduce the insurance payments to reduce damages

The collateral source rule bars reducing a tortfeasor's liability by benefits the plaintiff received from independent sources, though many states have changed it by statute.

Under State Farm v. Campbell, which guideline did the U.S. Supreme Court give for punitive damages under due process?

Answer: Few awards exceeding a single-digit ratio to compensatory damages will satisfy due process

The Court said that, in practice, few awards exceeding a single-digit ratio between punitive and compensatory damages will satisfy due process.

A gym member signs a waiver releasing the gym from "all liability." She is injured when an employee, acting with gross negligence, leaves a weight machine unbolted. Most courts would hold the waiver:

Answer: Unenforceable as to gross negligence

Exculpatory agreements generally cannot release a party from liability for gross negligence, recklessness, or intentional misconduct.