- How much is the plaintiff entitled to recover from the defendant driver? Select one.
Answer: $5,000.
The correct answer is $5,000. In a jurisdiction with pure several liability, each defendant is only responsible for their own percentage of fault. The fact that another tortfeasor is unknown or insolvent is the plaintiff's burden. Here, the jury found the defendant driver to be 25% at fault for the $20,000 in damages. Therefore, the defendant driver is only liable for 25% of $20,000, which is $5,000.
- How much, if anything, can the injured boater recover? Select one.
Answer: $600,000.
The correct answer is $600,000. First, it must be determined if the boater's claim is barred. The jurisdiction compares the plaintiff's fault to the combined fault of the defendants. The combined fault of the defendants is 35% + 25% = 60%. The boater's fault is 40%. Since 40% is not greater than 60%, the boater can recover. The total recovery is then reduced by the boater's percentage of fault: $1,000,000 - (40% of $1,000,000) = $600,000.
- What is the maximum amount Defendant A can recover in contribution from Defendant B? Select one.
Answer: $45,000.
The correct answer is $45,000. Under pro-rata contribution with three defendants, each is responsible for an equal share of one-third, which is $30,000. When one tortfeasor is insolvent, their share is reallocated among the remaining solvent tortfeasors. Here, C's $30,000 share is reallocated equally between A and B. Therefore, B becomes responsible for their own $30,000 share plus half of C's share ($15,000), for a total of $45,000. A, having paid the full $90,000, can recover this amount from B.
- If the jurisdiction reduces a judgment by the dollar amount of any settlement, what is the maximum amount the patient can recover from the surgeon after trial? Select one.
Answer: $220,000.
The correct answer is $220,000. First, determine the total recoverable damages by reducing the total damages by the patient's fault: $400,000 - (20% * $400,000) = $320,000. This is the total amount the defendants are liable for. Next, under the stated settlement rule, this total liability is reduced by the dollar amount of the settlement. $320,000 - $100,000 (settlement) = $220,000. The surgeon remains liable for this amount.
- What is the most likely effect of the settlement agreement on the pedestrian's lawsuit against the company? Select one.
Answer: The lawsuit will be dismissed because the release of the employee extinguishes the employer's vicarious liability.
The correct answer is that the lawsuit will be dismissed. Under the common law rule stated in the facts, a release of the agent (employee) also releases the principal (employer) when the principal's liability is based solely on respondeat superior. Because the company's liability is purely vicarious—arising only through the employee's actions—extinguishing the claim against the employee also extinguishes the derivative claim against the employer.
- What is the outcome of the litigation? Select one.
Answer: Driver A recovers $60,000 from Driver B, and Driver B recovers $20,000 from Driver A.
The correct answer is that A recovers $60,000 and B recovers $20,000. Under pure comparative negligence, each party's recovery is reduced by their percentage of fault. Driver A's recovery is $100,000 reduced by 40%, which is $60,000. Driver B's recovery is $50,000 reduced by 60%, which is $20,000. Because the jurisdiction does not permit a setoff, these are two separate judgments. One party does not simply pay the net difference to the other.
- How much will the plaintiff recover? Select one.
Answer: $0.
The correct answer is $0. The jurisdiction's rule bars recovery if the plaintiff's negligence is "as great as" the combined negligence of the defendants. The plaintiff's fault is 50%. The combined fault of the two defendants is 30% + 20% = 50%. Since the plaintiff's fault (50%) is "as great as" the defendants' combined fault (50%), the plaintiff is completely barred from any recovery.
- If the motorcyclist chooses to collect only from the first driver, what is the maximum amount he can recover from that driver? Select one.
Answer: $100,000.
The correct answer is $100,000. When multiple tortfeasors contribute to a single, indivisible injury, they are held jointly and severally liable for the entire harm. An injury is considered indivisible when it is practically impossible to determine how much of the damage was caused by each individual tortfeasor. Because the experts could not apportion the harm, the injury is indivisible. Therefore, the motorcyclist can recover the full amount of the damages from any one of the defendants.
- How much is the pedestrian entitled to recover from the driver? Select one.
Answer: $100,000.
The correct answer is $100,000. In a "50% bar" or "not less than" jurisdiction, a plaintiff who is found 50% at fault can still recover. The plaintiff's fault is not less than the defendants' aggregate fault (50% is not less than 50%), but it is also not greater than. This type of statute typically bars recovery only when the plaintiff's fault is greater than 50%. Therefore, the pedestrian can recover, but the recovery is reduced by their percentage of fault: $200,000 * 50% = $100,000.
- What is the maximum amount the bicyclist can recover from Driver B following the verdict? Select one.
Answer: $120,000.
The correct answer is $120,000. In a jurisdiction that reduces the judgment by the settling tortfeasor's percentage of fault (the "pro rata" or "carve-out" rule), the total liability of the non-settling tortfeasor is limited to their percentage of the total damages. Here, the total damages are $200,000. Driver B was found 60% at fault. Therefore, Driver B is liable for 60% of $200,000, which is $120,000. The actual amount of the settlement with Driver A ($50,000) is irrelevant to the calculation of Driver B's liability.
- What is the maximum amount the bicyclist can recover from Driver B following the verdict? Select one.
Answer: $150,000.
The correct answer is $150,000. In a jurisdiction that reduces the judgment by the actual settlement amount (the "pro tanto" rule), the total verdict amount is reduced by the amount paid by the settling tortfeasor. The total liability determined by the jury is $200,000. This amount is reduced by the $50,000 settlement with Driver A. Therefore, Driver B remains liable for the remaining $150,000, even though this is more than her 60% share of the damages.
- Which claim provides the supermarket its best chance of recovering money from the contractor? Select one.
Answer: A claim for indemnification, seeking $50,000 from the contractor.
The correct answer is a claim for indemnification for the full $50,000. Indemnity allows a party who is held vicariously liable or liable by operation of law (passively liable) to shift the entire loss to the party who was actively at fault. Here, the supermarket's liability is based on its non-delegable duty, not its own active negligence. The contractor was the actively negligent party. Therefore, the supermarket is entitled to full indemnification, not just contribution (which involves sharing the loss).
- What is the maximum amount the plaintiff can recover from Driver B? Select one.
Answer: $90,000.
The correct answer is $90,000. First, the plaintiff's total recovery is reduced by their percentage of fault. $100,000 (total damages) - 10% ($10,000) = $90,000. Under the rule of joint and several liability, a plaintiff can recover the entire judgment from any single defendant, regardless of that defendant's individual percentage of fault. Because Driver A is insolvent, the plaintiff can collect the full recoverable amount of $90,000 from Driver B. Driver B's recourse would be to seek contribution from Driver A, which is futile here due to A's insolvency.
- Is Driver B liable for the damage to the plaintiff's car? Select one.
Answer: Yes, because by participating in the illegal race, Driver B acted in concert with Driver A and is jointly liable for the foreseeable harm.
The correct answer is yes, because Driver B is jointly liable. Under the theory of concert of action, all those who, in pursuance of a common plan or design to commit a tortious act, actively take part in it, are jointly and severally liable for the harms caused by each. Drag racing is a classic example. Even though Driver B did not directly cause the impact, his participation in the common scheme makes him liable for the foreseeable consequences of that scheme.
- What is the total amount the worker is entitled to recover in the lawsuit? Select one.
Answer: $450,000.
The correct answer is $450,000. Under a pure comparative fault system, a plaintiff's recovery is reduced by their percentage of fault. Here, the worker was found 10% at fault. Therefore, the total damage award of $500,000 is reduced by 10% ($50,000), resulting in a total recoverable amount of $450,000. The apportionment between the manufacturer and employer affects their rights of contribution against each other but does not change the total amount the plaintiff can recover after accounting for his own fault.
- What is the maximum amount the homeowner can recover from the general contractor? Select one.
Answer: $150,000.
The correct answer is $150,000. Under a pure several liability system, each defendant is liable only for their proportionate share of the plaintiff's damages. The risk of one defendant being insolvent is borne by the plaintiff, not the other defendants. Here, the general contractor was found 30% at fault. Therefore, the contractor is liable for 30% of the $500,000 damages, which amounts to $150,000. The remaining 70% ($350,000) is unrecoverable due to the plumber's insolvency.
- What is the maximum amount Defendant 2 can recover in a contribution action against Defendant 1? Select one.
Answer: $75,000.
The correct answer is $75,000. Contribution allows a tortfeasor who has paid more than their share of a common liability to recover the excess from other liable tortfeasors. In a jurisdiction that apportions contribution based on relative fault, Defendant 1 is responsible for 25% of the $300,000 judgment, which is $75,000. Since Defendant 2 paid the full $300,000, Defendant 2 is entitled to seek contribution from Defendant 1 for Defendant 1's share of the liability.
- What is the most accurate advice regarding the amount your client can recover from the store? Select one.
Answer: The client will recover $0.
The correct answer is $0. In a jurisdiction with a "51% bar" rule, a plaintiff is completely barred from recovery if their percentage of fault is greater than the total fault of the defendant(s). Here, the client's fault is 51%, which is greater than the store's 49% fault. Therefore, the client's recovery is completely barred.
- After the reallocation of Defendant C's share, what is the maximum amount Defendant A will be required to pay? Select one.
Answer: $125,000.
The correct answer is $125,000. Defendant C's 20% share of the $200,000 judgment is $40,000. This uncollectible amount must be reallocated between A and B based on their relative percentages of fault (50% and 30%). The total fault between A and B is 80% (50+30). A's portion of that is 50/80, or 5/8. B's portion is 30/80, or 3/8. Therefore, A is responsible for 5/8 of C's $40,000 share, which is $25,000. A's total liability is its original 50% share ($100,000) plus the reallocated amount ($25,000), for a total of $125,000.
- What is the maximum amount the bystander can recover from the bar? Select one.
Answer: $90,000.
The correct answer is $90,000. According to the jurisdiction's specific law, the bar is jointly and severally liable for the full amount of the bystander's damages. The purpose of dram shop acts is to hold establishments liable for the foreseeable consequences of over-serving alcohol, which includes intentional torts. Because the bar is jointly and severally liable and the patron is insolvent, the bystander can recover the entire $90,000 judgment from the bar.
