ND Bar Practice Questions - North Dakota Bar Examination Exam

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A pedestrian is injured in a North Dakota car accident. A jury finds the pedestrian 30% at fault and the driver 70% at fault, with total damages of $100,000. Under North Dakota's modified comparative fault statute (N.D.C.C. § 32-03.2-02), how much may the pedestrian recover?

Nothing, because the pedestrian was partially at fault $$100,000, because the driver was mostly at fault $$70,000, because recovery is reduced by the pedestrian's percentage of fault and is allowed where her fault is not greater than the combined fault of those against whom recovery is sought $$30,000, representing the pedestrian's share of fault

Correct Answer:

$$70,000, because recovery is reduced by the pedestrian's percentage of fault and is allowed where her fault is not greater than the combined fault of those against whom recovery is sought

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