Civil Injuries (LEX 130): Motor Vehicle Negligence Quiz - Spring 2018

This document presents a solved quiz focused on motor vehicle negligence within the context of a Civil Injuries course (LEX 130). The quiz covers key aspects of motor vehicle negligence law, including the contentions read to the jury by the judge, definitions of negligence and contributory negligence, and the determination of liability and damages. It explores scenarios such as speeding and resulting collisions, and addresses the recoverability of attorney fees in negligence actions. Furthermore, the quiz references relevant North Carolina statutes and case law, as well as excerpts from sample complaints, illustrating the general duties of motorists and the types of damages that can be claimed in motor vehicle negligence cases. The answers provided demonstrate an understanding of legal principles and their application to practical scenarios.

CIVIL INJURIES (LEX 130) – SPRING 18
Block 10 Quiz – Motor Vehicle Negligence
Answer the questions below and upload the completed Quiz to the Assignment in Block 4
no later than 11:55 p.m., Sunday, 3/25/18.This Quiz must be file-named pursuant to the
Submitting Drafts policy or it will not be accepted.Use complete sentencesand otherwise
comply with the Submitting Drafts and Writing Standards in the Moodle Course
Information Block. Use the Block 10Forum for any questions. This is an open-book
assignment with 10 questions worth 10 points per question for a 100 point total Quiz grade.
1. State two motor vehicle negligence contentions that the judge will read to the jury, and
the instruction number where you found them.
Answer
The two contentions which would be provided by the judge to the Jury are contentions of
negligence (Instruction Number 102.35) and Contentions of Contributory negligence (Instruction
Number 104.35). These contentions are found in NORTH CAROLINA PATTERN JURY INSTRUCTIONS
FOR MOTOR VEHICLE NEGLIGENCE CASES.
2. State the definitions for the above contentions as read by the judge to the jury, and give
the instruction number.
Answer
Definitions
Contentions of negligence- “Negligence refers to a person's failure to follow a duty of conduct imposed by
law” (Instruction Number 108.10)
Contentions of Contributory negligence- “The test of what is negligence, as it has been defined
for you, is the same for the plaintiff as for the defendant”. (Instruction Number 108.10)
3. With respect to motor vehicle negligence, is liability assumed from injury to the Plaintiff?
How do you know?
Answer
No, liability is not assumed for the injury to the plaintiff. it is the duty of the plaintiff to establish
before the court that the act of the defendant was the proximate cause of the injury. This is
provided through instructions 102.20.

4. Assume that in a motor vehicle negligence case, the Plaintiff alleges damage to his motor
vehicle as a proximate cause of Defendant’s negligence. How is the jury instructed to calculate
the damages? Give the instruction number.
Answer
According to instruction number 106.62 the property damages caused to the plaintiff are to be
calculated by determining the difference between the property’s fair market value before damage
and fair market value after the damage. Fair value denotes an amount which the buyer and seller
would mutually agree for the vehicle.
5. Assume you sped through downtown Greensboro at 50 miles per hour, with no contrary
speed limit posted, and you ran into another vehicle at an intersection. What is the number of the
instruction that would be read to the jury? What is the relevant statute in Bluebook format?
Answer
The instructions which would be read to the jury at this time would be those provided in
instruction number 108.10. The relevant statue in the given situation is N.C. Gen. Stat § 20-1411.
6. Once the evidence established the facts in question 6, would the Plaintiff have to do
anything else to prove negligence? Why?
This is question 6 itself there are no facts here.
7. May recover attorney fees as a matter of course in a negligence action? Why or why not?
Is there an exception? Why is it an exception? Cite to authority in Bluebook format.
Answer
Yes attorney fees may be recovered in a negligence action as it is the economic loss which has
been faced by the plaintiff due to the negligence of the defendant. However the fees are only
recoverable when the total amount of damages to be paid is less than $25000 and the fee for
1 N.C. Gen. Stat § 20-141

attorney is recoverable up to $10000. In addition there must have been an unwarranted refusal by
the defendant to negotiate or pay the claim which constitutes the basis of such suit.”2
8. From any of the sample complaints in Block 10, quote an allegation of a safety statute
and identify the complaint and paragraph number from which you took the quote.
Answer
Quote- “By driving the vehicle carelessly and recklessly in willful or wanton disregard of the rights of the
Plaintiff in violation of N.C. Gen. Stat. § 20-140(a) which is negligence perse”
The paragraph Number is 10(b)
The complaint is sample Punitive damages complaintA
9. What is the general duty that a motorist has in terms of operating a motor vehicle? Quote
a paragraph from any of the sample complaints in Block 10, and identify the complaint and
paragraph number from which you took the quote.
Answer
The general duty of a motorist is to keep the vehicle in control-
Quote- “By failing to keep the vehicle under control”
Paragraph- 10(e)
The complaint is sample Punitive damages complaintA
10. Assume the following allegation in a complaint alleging motor vehicle negligence:
“That as a result of Defendant YYYYYYY actions, Plaintiff suffered injuries, pain of
body and mind, loss in his ability to enjoy life, was prevented from transacting his
business and incurred expenses for medical attention and medical supplies, lost wages,
and damages to his person and property in an amount in excess of Twenty Five Thousand
Dollars ($25,000.00).”
Give an example of general damages and one example of special damages.
Answer
Examples
General damages is Pain of Body and Mind
2 N.C. Gen. Stat § 6-21.1

Special damages in Loss of WAGES
DID YOU PROOFREAD YOUR WORK? DID YOU USE COMPLETE
SENTENCES? DID YOU USE BLUEBOOK FORMAT.