Discussion Question 3 C’s Pickle No unread replies. No replies. B (on his Bike)
Discussion Question 3 C’s Pickle
No unread replies.
B (on his Bike) is training on his bicycle for a very long race. He is about 60 miles into a 100 mile course one day, on his bike, when he becomes tired and decides to stretch. He takes his hands off the handlebars and leans back with his hands on his back, while riding, to make his back feel better. At the same time, C (in his Car) is driving home from work after a very long day, going faster than the speed limit. C is also eating a hamburger and probably not paying as much attention as he should. C drops a pickle into his lap, and while trying to find it, C swerves onto the shoulder of the road. B, still riding no-handed, cannot move fast enough to get out of the way and a collision occurs. B is injured and his bicycle is destroyed. B sues C for negligence and asks for $100,000 in compensatory damages. Answer each of the following questions, numbering the sections of your answer.
In a contributory negligence jurisdiction, will B recover from C?
In this same jurisdiction, if C found the pickle at the last moment, looked up and saw the danger, and honked his horn to warn B, and also was able to slow down a little just before the collision, will B be able to recover from C?
In a comparative negligence jurisdiction, after the jury found B to be 30 percent at fault and C to be 70 percent at fault. Can B recover from C, and if so, how much? Which of these situations is most fair, and why?
* PLEASE READ ATTACHMENTS AND CHAPTER 9 ON THE TEXT BOOK”