NE Bar Practice Questions - Nebraska Bar Examination Exam

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Nebraska employs a modified comparative negligence rule. A jury finds the plaintiff suffered $100,000 in damages but was 50% at fault, with the defendant 50% at fault. Under Neb. Rev. Stat. § 25-21,185.09, what may the plaintiff recover?

Nothing, because the plaintiff's negligence is equal to or greater than the defendant's $$50,000, because damages are reduced in proportion to the plaintiff's fault $$100,000, because comparative fault does not reduce a plaintiff's award in Nebraska $$45,000, after a further statutory reduction for collateral sources

Correct Answer:

Nothing, because the plaintiff's negligence is equal to or greater than the defendant's

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