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Nikki was an Uber driver who was injured in a traffic accident when she was struck by another car. Nikki brought a lawsuit for her
Nikki was an Uber driver who was injured in a traffic accident when she was struck by another car. Nikki brought a lawsuit for her injuries against the other driver. At trial, the jury concluded that Nikki was negligent in the accident, and the other driver was negligent. The relevant state statute provides that "any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault but does not bar recovery."
Will Nikki be able to recover damages from the other driver?
a No because Nikki's negligence was greater than the other driver's negligence.
b No because Nikki was contributorily negligent, and that bars her recovery.
c Yes, because the statute diminishes, but does not bar, Nikki's recovery.
d Yes, because Nikki was able to prove negligence.
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