Answer:
a. Under comparative negligence, the amount Viola have to pay Stephan in damages is $200,000.
b(i). Under pure comparative negligence, the amount Viola have to pay Stephan in damages is $100,000.
b(ii). Under mixed comparative negligence, the amount Viola have to pay Stephan in damages can be $100,000 or $0.
Step-by-step explanation:
a. The jury determines that Stephan has suffered $250,000 in damages, but that he is 20% responsible for his own injuries. Under comparative negligence, how much money would Viola have to pay Stephan in damages?
Under a comparative negligence, the amount of damages that the plaintiff will receive is reduced to the percentage of fault of the defendant.
Based on this, the amount Viola have to pay Stephan in damages is 80% (i.e. 100% - 20%) of $250,000. Therefore, we have:
Amount Viola have to pay Stephan in damages = 80% * $250,000 = $200,000
b. What if the jury determines that Stephan is 60% responsible? Explain the different results under pure and mixed comparative negligence rules.
b(i) Pure Comparative Negligence is a rule that gives the plaintiff the opportunity to recover damages that is exactly equal to the percentage of fault of the defendant whether or not the fault of the plaintiff is greater than the fault of the defendant.
Under pure comparative negligence rule, the amount Viola have to pay Stephan in damages is therefore 40% (i.e. 100% - 40%) of $250,000. Therefore, we have:
Amount Viola have to pay Stephan in damages under pure comparative negligence rule = 40% * $250,000 = $100,000
b(ii) Mixed Comparative Negligence is a rule under which the plaintiff may receive only a percentage of damages of the defendant, or none at all if the percentage of fault of the plaintiff is 50% or more than 50% of the total fault.
Thereforem, if it is determined that the amount Viola have to pay Stephan in damages is exactly equal to the percentage of fault of the defendant, the amount Viola have to pay Stephan in damages is therefore 40% (i.e. 100% - 40%) of $250,000. Therefore, we have:
Amount Viola have to pay Stephan in damages under pure comparative negligence rule = 40% * $250,000 = $100,000.
However, it it determined the plaintiff should be paid not damages, Viola have to pay Stephan $0 amoun in damages.
Therefore, under mixed comparative negligence, the amount Viola have to pay Stephan in damages can be $100,000 or $0.