Substrate Record: qid 1029

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qid 1029 · law

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. A businessman 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. A woman, in violation of statute, was proceeding south on Wilshire Street, and she entered the intersection without looking for any cross traffic and struck the businessman's car. The businessman suffered damages in the amount of $5,000. The woman, on the other hand, suffered damages in the amount of $1,000. The businessman brought suit against the woman to recover his damages. The woman denied liability and filed a counterclaim against the businessman for her damages. Both drivers were negligent with 30 percent of the negligence attributable to the woman and 70 percent of the negligence attributable to the businessman. A statute in the jurisdiction provides: "A failure to exercise ordinary care, which contributes to personal injury or property damage, shall not bar recovery of damages by the injured party, but damages 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?

1. The businessman recovers $1,000 from the woman, and the woman recovers $900 from the businessman.
2. The businessman recovers $5,000 from the woman, and the woman recovers $1,000 from the businessman.
3. The businessman recovers $3,500 from the woman, and the woman recovers $300 from the businessman.
4. The businessman recovers $800 from the woman, and the woman recovers nothing from the businessman.
5. The businessman recovers $5,000 from the woman, and the woman recovers nothing from the businessman.
6. The businessman recovers nothing from the woman, and the woman recovers $1,000 from the businessman.
7. The businessman recovers $1,500 from the woman, and the woman recovers $700 from the businessman.
8. The businessman recovers $2,000 from the woman, and the woman recovers $500 from the businessman.
9. The businessman recovers $3,000 from the woman, and the woman recovers $600 from the businessman.

Our answer: G. The businessman recovers $1,500 from the woman, and the woman recovers $700 from the businessman. Source quote machine-checked (at mint)

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