- Part A: Review p. 298 of the textbook. Then, discuss the traditional common law treatment of plaintiff’s contributory negligence upon plaintiff’s opportunity to collect damages. Review pp. 301-302 of the textbook. Discuss the theory of comparative negligence between plaintiff and defendant, and how it affects plaintiff’s opportunity to collect damages.
- Part B: In a state that follows the contributory negligence theory, assume that plaintiff is adjudged to be contributory negligent for her death by voluntarily riding in a car with an obviously intoxicated driver, to the same degree of negligence as the driver.
- Apply the definition of “last clear chance” found in Coleman v. Hines at 515 S.E. 2d 57 (N.C. Ct. App. 1999) and at p. 313 of your textbook to assess whether or not this doctrine would successfully rebut her contributory negligence, and allow her estate to recover for wrongful death.
