Darryl Is Jaywalking in a Jurisdiction That Applies Contributory Negligence

question 17

Multiple Choice

Darryl is jaywalking in a jurisdiction that applies contributory negligence. Slick sees Darryl in the street, notices that he is not in the crosswalk, and proceeds to hit Darryl with his vehicle because he believes that Darryl should be taught a lesson about how to cross the street. Slick does slow down somewhat and only causes Darryl some significant bruising, but Darryl is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction?

• A) Slick will not be held liable because Darryl was contributorily negligent.
• B) Darryl will be able to recover despite proof of contributory negligence on his part because Slick had a final clear opportunity to avoid the action that injured Darryl.
• C) Darryl will win because of comparative negligence.
• D) Slick will win because of the assumption of risk doctrine based upon the fact that Darryl committed an offense by crossing the street which he did in violation of clearly defined law.
• E) Darryl will lose because Slick, at least, reduced his speed.

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