Crucial Exams

Multistate Bar Examination Practice Question

Alex is jogging on a sidewalk when Jamie, driving slightly above the speed limit, fails to notice Alex crossing the street at a designated crosswalk. Jamie swerves to avoid Alex but still hits him, resulting in injuries. Jamie argues that Alex was contributorily negligent for jaywalking slightly outside the crosswalk area. Under a jurisdiction that follows the last clear chance doctrine, which of the following is most likely true?

  • Alex's recovery is adjusted based on the percentage of his own negligence.

  • Alex does not recover damages because his contributory negligence bars recovery.

  • Alex recovers damages because Jamie had the last clear chance to avoid the accident.

  • Alex can recover damages if he proves Jamie was grossly negligent.

Multistate Bar Examination
Torts
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