Question

A pedestrian walking on the sidewalk was struck by a car backing out of a driveway. The driver did not see the pedestrian because her neighbor's bushes obscured her view of the sidewalk. The pedestrian was seriously injured and brought suit against the driver and the neighbor. The pedestrian also included the city in his lawsuit, alleging that the city failed to enforce its ordinance requiring homeowners to provide a clear view of sidewalks where they intersect with driveways. The trier of fact determined that the driver was 60% at fault, the neighbor was 30% at fault, and the city was 10% at fault. The jurisdiction has adopted comparative contribution in cases applying joint and several liability.

Which of the following is a correct statement regarding liability?

A The city is liable to the pedestrian for the full amount of the damage award.
B Both the driver and the neighbor are liable to the pedestrian for 90% of the damage award.
C Each of the three defendants are liable to the pedestrian for one-third of the damage award.
D The driver is liable to the pedestrian for 60% of the damage award, the neighbor is liable for 30% of the damage award, and the city is liable for 10% of the damage award.

Answer 1

The city is liable to the pedestrian for the full amount of the damage award is the correct statement regarding liability.

Option A

Step-by-step explanation:

According to the joint and several liability, since all the defendants have been found guilty by the trier of fact, they are all liable to pay the full amount for the compensation or the damages to the injured party that is, the plaintiff. Since the city is found guilty in this instance, the plaintiff's lawsuit against the city would result in the recovery of the total cost of the damages from the city.

Option B is wrong because both driver and the neighbor are guilty and therefore ought to pay the full amount and not just 90% of the damages. Both option C since all the defendants are guilty, the options don't apply joint and several liability.