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Mark lives in Council Bluffs, lowa and works in Omaha, Nebraska. Jack lives in Omaha and works in Council Bluffs. On a winter evening
Mark lives in Council Bluffs, lowa and works in Omaha, Nebraska. Jack lives in Omaha and works in Council Bluffs. On a winter evening when the roads were slippery, both Mark and Jack were driving to their respective homes and were involved in an automobile accident on the bridge over the Missouri River between lowa and Nebraska. Both men were seriously injured. Mark's actual damages were $60,000 and Jack's actual damages were $50,000. It has been determined that Mark was 30% at fault and Jack was 70% at fault. Both lowa and Nebraska are comparative negligence states, but Nebraska uses the pure rule and lowa uses the 51% rule. How much will Mark and Jack recover if lowa law is applied and alternatively if Nebraska law is applied? Laura is an independent contractor who drives for a food delivery service called "To Your Door" (TYD). TYD has a contract to deliver groceries ordered from a grocery store called Save Mart. Laura has just delivered groceries to the Jones house. As Laura is backing out of the driveway, she doesn't see Julie Jones, a 10-year-old who is riding her bicycle home from school, pull into the driveway. Laura's car hits Julie's bicycle and Julie is seriously injured. Julie was wearing a bicycle helmet made by Spoke Industries, but the helmet did not prevent Julie's serious head injuries. Who might the Jones family sue for negligence? Explain your rationale. Are there any potential defenses to negligence available? Explain your rationale.
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