IN Bar Practice Questions - Indiana Bar Examination Exam

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In the same Indiana negligence action, the jury instead finds the plaintiff 51% at fault and the defendant 49% at fault. What is the result under the Indiana Comparative Fault Act?

The court declares a mistrial because fault is too close to call The plaintiff recovers 49% of damages The plaintiff is completely barred from recovery The plaintiff recovers half of all damages

Correct Answer:

The plaintiff is completely barred from recovery

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