70. After Cindy crashes into Nancy's mailbox while driving drunk, she gets out of her car, trips over Nancy's sidewalk, falls and breaks her arm. She then sues Nancy for the medical bills related to her broken arm. They are in a state that follows the doctrine of comparative negligence. What is the likely outcome of Cindy's lawsuit against Nancy?
Answer: D
The amount awarded to Cindy will be reduced by the percentage of her own negligence.
In a state that follows the doctrine of comparative negligence, any damages awarded to a plaintiff are reduced by their own percentage of fault. Since Cindy was driving drunk and crashed into Nancy's mailbox, her actions contribute to her injury, meaning she will likely receive a reduced amount for her medical bills.
A) Cindy will not receive anything because she was partially responsible for her injury.
This option is incorrect because, under comparative negligence, a plaintiff can still recover damages even if they are partially at fault. While Cindy's negligence will reduce her award, it does not eliminate her ability to receive compensation entirely.
B) The case will be dismissed because Cindy was intoxicated.
This option is also incorrect. While Cindy's intoxication is a significant factor in her negligence, it does not automatically result in the dismissal of her case. Courts typically evaluate the extent of negligence rather than dismissing cases outright based on the plaintiff's intoxication.
C) Nancy's liability insurance will cover all of Cindy's medical bills.
This option is misleading. While Nancy's liability insurance may cover some of Cindy's medical bills, it will not cover them all due to the comparative negligence doctrine. Since Cindy is partially responsible for her injuries, her compensation will be reduced accordingly.
D) The amount awarded to Cindy will be reduced by the percentage of her own negligence.
This option correctly reflects the principles of comparative negligence. Since Cindy's actions contributed to her injury, any compensation awarded will be directly reduced by her percentage of fault, which is standard practice in states that follow this doctrine.
Conclusion
In conclusion, option D is the correct answer as it accurately describes the outcome under the comparative negligence doctrine. Cindy's partial responsibility for her own injury means her compensation will be reduced, but she is not barred from receiving anything altogether. The other options either misinterpret the legal principles involved or inaccurately assess the implications of Cindy's intoxication and negligence.