Maine Bar Practice Questions - Maine Bar Examination Exam

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A pedestrian sues a driver for negligence in a Maine court. The jury finds the pedestrian was 30% at fault and the driver 70% at fault, and the total damages are $100,000. Under Maine's comparative negligence statute, 14 M.R.S. § 156, what is distinctive about how the pedestrian's recovery is reduced?

The jury reduces damages 'to such extent as the jury thinks just and equitable,' not necessarily by the precise percentage Recovery is reduced strictly by the plaintiff's percentage of fault to exactly $70,000 Recovery is barred entirely because any plaintiff fault is a complete defense Recovery is reduced only if the plaintiff was more than 50% at fault

Correct Answer:

The jury reduces damages 'to such extent as the jury thinks just and equitable,' not necessarily by the precise percentage

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