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P files a civil lawsuit for negligence against D in Texas. The jury finds that P...

P files a civil lawsuit for negligence against D in Texas. The jury finds that P is 55% contributorily negligent, and total damages are $100,000. How much, if any, is P entitled to?

a. $55,000
b. $100,000
c. None of the other choices are correct.
d. $45,000
e. $0
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Answer #1

The correct answer is option (E) $0

Reason:

In states that follow a "modified comparative negligence" rule, an injured plaintiff can collect compensation from other at-fault parties as long as the plaintiff was less than 50 percent responsible for the accident or incident that led to the injuries.

The state TEXAS follows "Modified comparative negligence" whereby the first assessment involves the amount of fault that belongs to each person (for causing the accident or injury).

After that the damage expenses are shared on the basis of share of conributorily negligence.

Here, Mr. P is at fault of 55%, which is more than 50% of damage.

Thus, Mr P is not entitled to any compensation fo the damages incurred by him, because he is responsible for more than 50%.

Hence, option E is the correct

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