Ruby is driving down a two-lane highway one evening at dusk when a sheet of plywood flies out of the bed of a truck coming toward her. The plywood penetrates the cab of Ruby's truck, shatters her windshield, and strikes Ruby. Ruby sustains severe, long-lasting injuries to her left arm and hand, requiring her to receive ongoing medical treatment and causing her to suffer a substantial wage loss. Ruby claims that the truck, driven by an employee of Construction Wizards, Inc., was improperly loaded at the time.

1. If Construction Wizards is able to prove that Ruby was inattentive and failed to avoid having an accident that an attentive driver could have avoided, what will be the consequences if the claim arises in a contributory negligence jurisdiction? What will Ruby want to argue in response?
2. Suppose Construction Wizards proves this allegation in a comparative negligence What will be the consequences for Ruby? What will be the practical problem the jurors will face in allocating the degree of fault?

Answer rating: 100% (QA)

In a contributory negligence jurisdiction if Construction Wizards proves that Ruby was inattentive a... View the full answer