Neither of those is “comparative negligence.” Comparative negligence would be to assign some of the blame to Mr. Rodriguez himself. It’s partly his own fault he’s dead, based on his own negligence.
You are correct. There are two sub-paragraphs lettered “c” in the defenses section of the answer. Must be a typo. I only pasted one. Here is the second c which contains what appears to be the comparative part you are referring to.
I’m guessing that is sort of standard fare to claim the plaintiff is to some degree responsible for their own damages?
c. Plaintiff failed, in whole or in part, to mitigate Plaintiff’s damages, if any. Peaktastic is not responsible for damages, if any, resulting from the failure of Plaintiff to act with ordinary prudence to eliminate or reduce the effects of Plaintiff’s damages, if any.