Bar Exam (US) Torts: [IMAGE] Wilshire Street is a public thoroughfare, designated as a one-way s...

Question

Wilshire Street is a public thoroughfare, designated as a one-way street for northbound traffic. Wilshire and Figueroa Streets intersect at right angles. The intersection is controlled by traffic lights. Hall was driving his car east on Figueroa Street and did not see the traffic light. He entered the intersection at a time when the light was red for eastbound traffic and green for northbound traffic. Oats, in violation of statute, was proceeding south on Wilshire Street and he entered the intersection without looking for any cross traffic and struck Hall's car.

Hall suffered damages in the amount of $5,000. Oats, on the other hand, suffered damages in the amount of $1,000. Hall brought suit against Oats to recover his damages. Oats denied liability and filed a counterclaim against Hall for his damages. Both drivers were negligent with 30% of the negligence attributable to Oats and 70% of the negligence attributable to Hall.

Assume for the purposes of this question only that a statute in the jurisdiction provides: "The amount actionable for personal injury or injury to property attributable to a person injured in not exercising ordinary care shall not bar recovery for damages, but shall be diminished in proportion to the amount of negligence attributable to the person injured. There shall be no set-off of damages between the respective parties." Which of the following is the appropriate judgment in the case?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Hall recovers $5,000 from Oats and Oats recovers $1,000 from Hall.
  2. B
    Correct Answer
    Hall recovers $3,500 from Oats and Oats recovers $300 from Hall.
  3. C
    Correct Answer
    Hall recovers $1,500 from Oats and Oats recovers $700 from Hall.
  4. D
    Correct Answer
    Hall recovers nothing from Oats and Oats recovers $700 from Hall.
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