New York Law (NYLE) Practice Exam

In Tim's negligence case, the outcome for the plaintiff being $45,000 is due to the rules of a pure comparative negligence jurisdiction. In pure comparative negligence, the plaintiff can recover damages even if they are found to be partially at fault for the accident. However, the amount they can recover is reduced by their percentage of fault.

For instance, if the total damages were assessed at $100,000 and the plaintiff is deemed to be 55% at fault, they would be able to recover $45,000 (which is $100,000 minus $55,000, reflecting their share of liability). This principle ensures that the plaintiff's recovery aligns fairly with their degree of responsibility for the incident.

In contrast, the other scenarios do not apply because they are based on different comparative negligence rules or thresholds for recovery. In a contributory negligence jurisdiction, for instance, if a plaintiff is found to have contributed to the accident in any way, they may be barred entirely from recovery. In a partial comparative negligence jurisdiction, if the plaintiff's liability exceeds 50%, they would be precluded from recovery, leading to a $0 outcome. Thus, the context of where the case is adjudicated plays a crucial role in determining the financial outcome for