This preview has intentionally blurred sections. Sign up to view the full version.View Full Document
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)...
View Full Document
- Fall '04
- Law, Bartlett, Suffering, severly liability