New York Law (NYLE) Practice Exam

In a negligence action where two defendants are found liable, how much can the plaintiff recover from a defendant with a smaller percentage of liability?

1. 100% of her total damages.

2. 40% of both her economic and non-economic damages.

3. 100% of her economic damages and 40% of her non-economic damages.

4. 40% of her economic damages and 100% of her non-economic damages.

The correct answer is: 100% of her economic damages and 40% of her non-economic damages.

In New York, when two or more defendants are found liable in a negligence action, the rules governing recovery are based on the concept of comparative negligence and apportionment of damages. If a defendant is found to be less liable than another in a case involving multiple parties, the plaintiff may pursue the full amount of their damages from any defendant, but the defendants have the right to be apportioned liability according to their percentage of fault. In this scenario, if a defendant is determined to have a smaller percentage of liability in a comparative negligence context, the plaintiff could recover 100% of their economic damages from that defendant. Economic damages typically include quantifiable damages such as medical expenses, lost earnings, and property damage. Conversely, non-economic damages, which can cover pain and suffering, may be subject to the percentage of fault of the liable parties. Therefore, if the smaller liability defendant is found to have contributed less (for example, 40% of the fault), they would be responsible for only a portion of the non-economic damages, which is calculated based on their percentage of fault. Hence, the correct answer indicates that the plaintiff can recover 100% of her economic damages and 40% of her non-economic damages, aligning with the proportion of fault