While Crossing the Street, Bobby Does Not Go to a Crosswalk

question 38

Multiple Choice

While crossing the street, Bobby does not go to a crosswalk but proceeds to illegally cross the street without even checking to see if any vehicles are coming. Slick sees Bobby in the street, notices that he is not in the crosswalk, and proceeds to hit Bobby with his vehicle because he believes that Bobby should be taught a lesson about how to cross the street. Slick does slow down somewhat and only causes Bobby some significant bruising, but Bobby 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 Bobby was contributorily negligent.
• B) Bobby 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 Bobby.
• C) Bobby will win because of comparative negligence.
• D) Slick will win because of the assumption of risk doctrine.
• E) Bobby will lose because Slick, at least, reduced his speed.

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