NM Bar Practice Questions - New Mexico Bar Examination Exam

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A plaintiff is injured in a New Mexico car accident and is found to be 60% at fault, with the defendant 40% at fault. The plaintiff's total damages are $100,000. Under New Mexico negligence law, what may the plaintiff recover from the defendant?

$$40,000, reflecting the defendant's percentage of fault Nothing, because the plaintiff was more than 50% at fault $$100,000, because comparative fault is not a defense to recovery $$50,000, because fault is split evenly when both parties are negligent

Correct Answer:

$$40,000, reflecting the defendant's percentage of fault

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