Question
Comparative negligence. Your company's damages are $50,000 for the loss of the vehicle, which has been totaled, and $150,000 for injuries to the driver, who
Comparative negligence.
Your company's damages are $50,000 for the loss of the vehicle, which has been totaled, and $150,000 for injuries to the driver, who recovers through your company, which is self-insured.
You file suit against the other driver, who had been illegally double parked. The other driver sustained damages in $10,000 to their vehicle, and $20,000 in medical expenses and lost wages related to injuries from the accident. At trial, the defense attorney introduces evidence that the vehicle your employee was driving had not been property maintained, and thus the brakes were in poor condition.
The jury finds your driver 15% responsible for the accident (failing to keep a proper lookout), and your company 35% responsible (failing to keep the vehicle property maintained). The jury finds the defendant 50% responsible for the accident. What amount, if any, can the company recover against the defendant
The company total loss is $200,000 and 35% responsible.
So, do they recovered $130,000?
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