Torts Damages-ME - Torts Damages Computations Ms Jones and...

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Torts Damages Computations Ms. Jones and Mr. Smith engage in a drag race on Utopia Parkway. Mr. Smith’s car skids out of control and causes injuries to the P in the amount of $10,000. (1) P settles with Jones for $10,000, and receives payment. Can P sue Smith for $5,000? Answer : No, (satisfaction) you can only collect once. Once P get 100%, that is it. (2) P sues Jones for $10,000 and jury awards $7,000. Jones pays in full. Can P sue Smith for $3,000? Answer : No, case already settled. Satisfaction, can only collect once. Also Res Judicata, one bite of the apple. (But how about that P did not get full amount?) (3) P sues Jones for $10,000, jury awards $7,000. Jones is insolvent and cannot pay. Can P sue Smith? For how much? Answer : Only if Smith unavailable in jurisdiction for the 1 st case. If he was unavailable, then can sue for the whole $10,000. (4) P sues Jones for $10,000. Jury awards $10,000 and Jones pays in full. Can Jones collect from Smith? How much and why? Answer : Yes, can collect cause of contribution. Since joint and several, he can get Smiths culpable share.
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