SC Bar Practice Questions - South Carolina Bar Examination Exam

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In a South Carolina negligence action, the jury finds the plaintiff 55% at fault and the defendant 45% at fault. What is the result under South Carolina's comparative negligence rule?

The plaintiff recovers 45% of the damages The plaintiff recovers the full amount because the defendant was also negligent The plaintiff recovers nothing because the plaintiff's fault exceeds 50% The court must order a new trial because fault cannot exceed 50%

Correct Answer:

The plaintiff recovers nothing because the plaintiff's fault exceeds 50%

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