1. Carol was driving her vehicle on a freeway in Utah, traveling approximately 50 miles per hour. As she was driving, she had her cell phone in her left hand and was steering the wheel with her right hand.

Carol received a text message from her boyfriend and needed to respond right away. As she was driving, Carol looked down to text her boyfriend back, started texting her answer, and hit a man, named Alan Burt who was illegally crossing the freeway as a jaywalker.

When Carol hit Alan Burt with her vehicle, Alan flew approximately 60 feet and broke both arms and one leg, but survived the accident. Carol hit her head and chest against the window and fractured her sternum, but survived the accident.

After the accident, Alan Burt sued Carol for Carols negligence in driving her vehicle by texting while driving, which is against Utah law.

At the trial, Carol claimed that Alan Burt was also negligent by jaywalking on the freeway.

Carol claimed that she was 10% responsible for the accident and Alan Burt was 90% responsible for the accident.

Alan claimed that he was 10% responsible for the accident and Carol was 90% responsible for the accident.

The case was before a Jury.

Under the contributory negligence standard, the Jury found that Carol was 80% liable for the accident and Alan Burt was 20% liable for the accident. Alan Burt had sued for $100,000.00 in damages.

Under the contributory negligence standard, how much money should Alan Burt be awarded by the Jury?

1. The full $100,000.00
2. $80,000
3. Half of the damages in the amount of $50,000.
4. $0.00

2. There is a difference between a STATEMENT OF FACT and a STATEMENT OF OPINION. What is an example of a Statement of Fact:

1. Doctor Bailey tells his patient Jim Doddle that Jims broken hand will probably heal within 3 months after surgery.

2. Doctor Bailey tells his patient that in his opinion, he will be using anesthetic B for the surgery because anesthetic B is the only anesthetic that Doctor Bailey uses.

3. Doctor Bailey tells his patient that in his opinion, Jim Doddle should be able to handle the surgery well.

4. Doctor Bailey tells his patient that in his opinion, Jim Doddles hand doesnt even look broken.

5. None of the above

3. Amy walks into her local Walmart to purchase some sun-tan lotion as she is going to the beach and doesnt want to get sunburned. As she approaches the aisle where the sun-tan lotion is located, there is a small puddle of water on the floor that Amy accidentally steps into. Amy slips and falls due to the water and lands on her back. Amy breaks her back and has to undergo back surgery.

Amy is on bed rest for about one month after her surgery and is unable to work. Her total medical expenses are $25,000.00. Amy also cannot work due to her broken back and during the recovery period and she loses her employment wages in the amount of $20,000.00. Amy sues Walmart for committing gross negligence by not placing a sign near the water and for not cleaning up the water. For gross negligence, Amy sues Walmart for $15,000. Amy further sues Walmart for $50,000 for her pain and suffering.

The case goes before the jury and the jury grants Amys full request for damages in the amount of $110,000.00.

The following is true:

1. Amys medical expenses and lost employment wages are called compensatory damages and special damages. Amys claim of $15,000 for gross negligence is called general damages. Amys $50,000 claim for pain and suffering is called punitive damages.

2. Amys medical expenses and lost employment wages are called general and special damages. Amys claim of $15,000 for gross negligence is called special and punitive damages. Amys $50,000 claim for pain and suffering is called punitive and general damages.

3. Amys medical expenses and lost employment wages are called compensatory and special damages. Amys claim of $15,000 for gross negligence is called punitive damages and Amys $50,000 claim for pain and suffering is also called punitive and special damages.

4. Amys medical expenses and lost employment wages are called compensatory and special damages. Amys claim of $15,000 for gross negligence is called punitive damages. Amys $50,000 claim for her pain and suffering is called general damages.

5. None of the above