MT Bar Practice Questions - Montana Bar Examination (Uniform Bar Examination) Exam

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A pedestrian is struck by a negligent driver and sues. The jury finds the pedestrian 55% at fault and the driver 45% at fault, with total damages of $100,000. Under Montana's comparative negligence statute, MCA § 27-1-702, what may the pedestrian recover?

Nothing, because the pedestrian's fault exceeds the driver's fault $$45,000 $$55,000 $$100,000, because Montana abolished contributory negligence

Correct Answer:

Nothing, because the pedestrian's fault exceeds the driver's fault

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