Question

Smith has sued Jones claiming that Jones' negligent operation of her car resulted in personal injury to Smith. Which of the following statements is correct with regard to this lawsuit?

A. The jury will determine whether Smith's own negligence may have contributed to the accident.
B. The judge will determine whether Jones breached her duty of care owed to Smith.
C. The judge will determine whether Jones' conduct was the actual cause of Smith's injury
D. Both B. and C. are correct

Answer 1

D. Both B. and C. are correct.

In a lawsuit where Smith is claiming that Jones' negligent operation of her car resulted in personal injury, both statement B and C are correct.

Statement B: The judge will determine whether Jones breached her duty of care owed to Smith. The judge will assess the facts and evidence presented in the case to determine whether Jones failed to meet the standard of care that a reasonable person would exercise in similar circumstances. This involves evaluating Jones' actions and comparing them to the expected level of care to determine if there was a breach.

Statement C: The judge will determine whether Jones' conduct was the actual cause of Smith's injury. The judge will examine the evidence and assess whether Jones' negligent operation of her car was a substantial factor in causing Smith's injury. This involves determining if there is a causal link between Jones' conduct and the harm suffered by Smith.

Both of these determinations are typically made by the judge based on legal standards and precedents. The jury, on the other hand, is usually responsible for determining issues of fact, including assessing any potential contributory negligence by Smith (statement A).