Henry Hunk, a properly tan and buff resident of New Mexico, was driving through Arizona in his classic 1966 convertible on his way to an audition for a major movie role in Hollywood. It was a beautiful sunny day so the top was down, the wind was whipping through his blond locks, and the music was blasting. Unfortunately, a Nickelback song came on the radio. Henry hates Nickelback and in his rush to change the station, he briefly took his eyes off the road. With the roof down, and the music up, he never heard the horns warning him of impending danger. When Henry did look up he saw an SUV headed directly at him but it was too late. He swerved to avoid the SUV driven by Richard Racer, a resident of California, but overcorrected and careened off the roadway striking a tree. At the time Richard was traveling at 90 miles per hour in a 50 miles per hour zone. Moreover, he was fiddling with his cellphone and was not paying close attention to the road. As a result of the accident, Henry suffered severe and disfiguring injuries that cut short a promising acting career as a leading man and is now relegated to bit parts as a character actor. Henrys damages are estimated at $800,000.

First, Henry wants to sue Richard in federal court. Can he do so under the facts of this case? Why or why not? If he can sue in federal court, which court could hear the matter? Explain why federal jurisdiction would exist (what type of jurisdiction is present) and the public policy reasons for allowing individuals to bring suit in federal court.

Second, assume that the court calculated Henrys damages as $800,000 and found that Henry was found 40 percent responsible for the accident while Richard was found 60 percent responsible. Explain how damages would be awarded under the law in a comparative negligence state versus how damages would be awarded in a contributory negligence state and how much Henry would receive under each.