TN Bar Practice Questions - Tennessee Bar Examination Exam

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A Tennessee plaintiff is injured in a car crash. At trial, the jury finds the plaintiff 50% at fault and the defendant 50% at fault, with total damages of $100,000. Under Tennessee's modified comparative fault doctrine adopted in McIntyre v. Balentine, how much may the plaintiff recover?

Nothing, because the plaintiff's fault is not less than the defendant's fault $$100,000, because the parties are equally responsible $$50,000, reduced in proportion to the plaintiff's fault $$50,000, but only if the defendant acted recklessly

Correct Answer:

Nothing, because the plaintiff's fault is not less than the defendant's fault

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