VT Bar Practice Questions - Vermont Bar Examination Exam

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A pedestrian is struck by a negligent driver in Burlington, Vermont. A jury finds the pedestrian 50% at fault and the driver 50% at fault, with total damages of $100,000. Under Vermont's comparative negligence statute, 12 V.S.A. § 1036, how much may the pedestrian recover?

$$0, because the pedestrian was equally at fault $$0, because Vermont follows the traditional contributory negligence bar $$100,000, because Vermont follows pure comparative negligence $$50,000, because the pedestrian's negligence was not greater than the defendant's and damages are reduced proportionally

Correct Answer:

$$50,000, because the pedestrian's negligence was not greater than the defendant's and damages are reduced proportionally

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