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Problem
A state has enacted a comparative negligence statute that provides: "The negligence of the injured party will not bar recovery against another person, so long as the injured party's negligence was not greater than the negligence of the person against whom recovery is sought. Any damages shall be diminished in proportion to the amount of negligence attributable to the injured party." A man and a woman were involved in an automobile accident in that state in which the woman sustained personal injury damages totaling $100,000. She sued the man for negligence. The jury returned a special verdict in which it found the man 40% at fault and the woman, 60% at fault, respectively, for the accident.
Under the State's comparative negligence statute, the woman will recover from the man
Short Paper on Cross-cultural Opportunities and Conflicts in Canada.
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