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tort class notes 2,17

tort class notes 2,17 - Take out 400,000 he will get...

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Cont. Bartlett Is it troubleing that making someone partially liable when he isn’t there ot defend himself. If want to collect from him, need to bring another lawsuit – not bound by it. How much money will plaintiff get in Bartlett jurisdiction where there is no joint and severly liability. Cant get anything form missing person, get from truck only what he owes - 30%. So hudge effect on plaintiff, so how is there anycomfort for the court to split liability – truck will say I was very carefull, who will tell the court that other guy wasn’t really careless? New jersey – draw a line – if jit this line joint and severly, if below that line hten separate – line is 60%. New york approach – generally retains joint and severly liability. Full liable for determined part – dr bills, lost wages. But non economic damages- pain or suffering, if 50% or less pay own share. Examples: Damage 1,000,000. P 40% D1 55% D2 5% Assume d1 is bankrupt. By full joint liability and severecy
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Unformatted text preview: Take out 400,000. he will get 600,000 from d2 – d2 eats the loss. Assume ny. 1 mil is 50,000 dr bills, earnings 450,000, pain and suffering is 500,000. First decide economic and not – 500 yes 500 no. So from econominc will get 300,000 (500-40%) and 25,000 is for the 5% of the 500,00 of p and s) Uniform comparative fault – the act retain joint and severly, but ir any ones share is uncollectible then youtake his share and allocate it to the other people who are at fault according to their percentages. With the previouse case look at who else is at fault and allocate it. So based on 40% and 5%. Bencivenga v jjamm inc p508 Argu 1) Only applies to party of the suit, this person not a party, statute doesn’t apply. 2) assign obligation of finding other person to the defendant (compelling bec club knows who did it- but if look at Bartlett where both p and d don’t know any more then each other?) 3)...
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