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0 tracked cards Torts

A jury in a pure comparative fault jurisdiction finds that a plaintiff suffered $100,000 in damages. It assigns 60 percent fault to the plaintiff and 40 percent fault to the defendant.
How much should the plaintiff recover?

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The plaintiff recovers nothing because being mostly at fault bars recovery under pure comparative fault. The plaintiff recovers $40,000 because damages are reduced by the plaintiff's 60 percent fault. The plaintiff recovers nominal damages only. The plaintiff recovers nothing unless the defendant was reckless.

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