Old 06-22-12 | 12:03 PM
  #41  
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alhedges
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From: Naptown

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What a sad waste of time. The father's suggestion of splitting the cost is reasonable, since there's fault to go around...and the amount of money we're talking about looks to be trivial for these people based on where they live. He offered to pay $100; she asked for $160; he declined and she sued over $60.

Most states are comparative negligence jurisdictions. This means that the court or jury will assign liability to each side based on the degree of fault they find. Assuming this is a small claims court (and the complaint is amended to name the girl), the court could find her 100% at fault; 50% at fault; or 0% at fault. (Where I live, if the plaintiff is found to be more than 50% at fault, the plaintiff loses; I don't know if that's the case in FL).

I'm also not sure what happens with the court fees, which look to be more than the actual damages.
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