Dawn Colossi, daydreaming while slowly backing out from her driveway, failed to look both ways. Archie Monk, racing down the street in his hot Corvette, slammed into Dawn's right rear quarter panel. Archie was looking at his tachometer just before the
crash. Archie's shoulder harness was fastened, so he suffered no injury, but his Corvette was smashed. Dawn, her seatbelt lying on the seat beside her, was seriously injured. Is Monk liable to Colossi for damages suffered?
The answer depends on the state where the accident occurred. In states that still use the doctrine
of contributory negligence, Archie Monk would not be liable because Dawn Colossi was also negligent, however slightly. Of course, in the interests of justice, juries sometimes disregard minuscule degrees of negligence by the plaintiff.
All but a few states use the doctrine of comparative negligence. In such states, Monk would be liable to Colossi, but the damages would be reduced by the percentage of negligence the plaintiff contributed to the total. If Colossi was 10 percent responsible, and the accident damages awarded were $1,000,000, her recovery would be reduced by 10% to $900,000 . Whether she would actually receive any or all of the award depends on whether Archie Monk had sufficient liability insurance, and/or sufficient other available assets.
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