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So, too, a plaintiff can be comparatively negligent although she is an unforeseeable victim of her own negligence. Suppose that a defendant, the custodian of a rare car collection owned by Monty Moneybags, negligently parks one of Moneybags’s cars, a rare BMW, by the side of the road. The defendant thereby puts the car at risk of being hit and damaged by a speeding driver. Moneybags dies and in probate his car collection passes to his long-lost third cousin, Clara. As it happens, Clara is at that moment speeding down the road, and negligently crashes into the BMW, damaging it. The custodian should and will be able to plead Clara’s negligence in order to reduce his liability to her. But it can hardly be said that by risking damage to cars by the side of the road, Clara has been negligent toward herself.312 The odds that by speeding she might crash into and damage an expensive car that she owns, because she has acquired title to the car through a long-lost relative (or any similarly fantastic mechanism), are so low as to render the possibility unforeseeable. Clara herself, in such a case, is an unforeseeable victim of her own negligence, but her negligence will still diminish her recovery.
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