One sunny afternoon, Candy and Zeke were each driving their respective cars through town.   Candy was distracted by her young daughter, sitting in the backseat.  She frequently took her eyes off the road to check that her daughter was not trying to unbuckle herself.  Zeke was on his way to a blind date.  He was trying to comb his hair and check his teeth, looking at himself in the rear-view mirror, while driving.  These two horrible drivers collided at the intersection of two cross streets.  

 

Candy suffered a broken arm, a concussion, and soft tissue damage in the accident.  As a result of her injuries, she was forced to miss work for two weeks.  Since she works as an independent contractor, she is not paid when she does not work. Candy underwent months of physical therapy for the soft tissue injury to her back, and (according to her doctor) she will likely need physical therapy for at least another year.  Sometimes, Candy wakes up at night, feeling worried about whether she will ever fully recover from her injuries.  Zeke was not injured.  However, both Candy's and Zeke's cars were damaged beyond repair.   

 

Candy sues Zeke.

 

At trial, evidence shows that Candy's damages are $200,000. The jury determines that Candy is 25 percent responsible for the accident, for failing to stop quickly enough, and Zeke is 75 percent responsible, for failing to pay attention to the road.  

 

1. In a comparative negligence state, will Candy be able to recover?  If so, how much will she recover? Explain. 

 

1. In a contributory negligence state, will Candy be able to recover?  If so, how much will she recover?  Explain.  

 

1. Identify at least three specific examples of the types of damages or losses for which Candy might seek compensation. 

 

1. Do you believe that Candy would be able to recover punitive damages from Zeke.  Why or why not? 

Answer rating: 100% (QA)

In a comparative negligence state Candy will be able to recover damages but the amount she can recover will be reduced based on her percentage of faul... View the full answer