ND Bar Practice Questions - North Dakota Bar Examination Exam

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In the same North Dakota accident scenario, suppose a jury finds the plaintiff 55% at fault and the sole defendant 45% at fault. Under N.D.C.C. § 32-03.2-02, the plaintiff's recovery is:

Reduced to 45% of damages Completely barred, because the plaintiff's fault (55%) is greater than the fault of the party from whom recovery is sought Reduced to 55% of damages Unaffected, because comparative fault only reduces, never bars, recovery

Correct Answer:

Completely barred, because the plaintiff's fault (55%) is greater than the fault of the party from whom recovery is sought

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