Next Generation Bar Exam Quiz
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§ 15-9 Comparative Fault.
(a) The trier of fact shall determine the percentage of fault of the claimant and of every other person who contributed to the injury, whether or not that person is a party or has settled with the claimant.
(b) A claimant is barred from recovery only if the claimant's percentage of fault is greater than the combined percentage of fault of all other persons who contributed to the injury.
(c) A defendant is liable only for the percentage of fault attributed to that defendant. Fault attributed to a settling person shall not be reallocated to any defendant.
P was injured when D1's truck collided with D2's car. Before trial, P settled with D1 for $70,000 and dismissed the claim against D1, then proceeded against D2. The jury found P 40% at fault, D1 35% at fault, and D2 25% at fault. P's damages were $200,000.
Under § 15-9, what amount may P recover from D2?
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