2 campione v soden soden rear ended jensen passenger

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2. Campione v. Soden – Soden rear-ended Jensen, passenger Camp standing b/w w cars, rear-ended again, legs crushed b/w, launched in air, psych harm i. Leg fractures exclusive from 2 nd impact; rest of injuries vigorously contested, no one 18
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could pinpoint most of injuries. ii. Joint and several liability on both Jensen and Sacknowitz (2 nd hit); overall 70% to Jensen and 30% to Sack. iii. B/c Jensen liable for more than 60%, authorized to impose several liability fully on Jensen for all the damages. This is an example of a state that does this. 3. Roderick v. Lake – P driving, hits 2 dark horses in the dark, both horse owners negligent joint & severally liable for damages – based on res ipsa loquitor and on negligent violation of statutes. i. The wrongdoers should work out apportionment between themselves – the burden shifts to each defendant to absolve himself, thereby relieving the wronged party of the duty of apportioning fault. ii. This is not a concerted action case. When you have two tortfeasors and you can’t determine who was at fault, it’s the burden of the Ds to establish how damages should be apportioned. This forces the Ds to bring forth evidence that might otherwise would have been held back. (Frolik) 3. Vicarious Liability – This is a special variety of the joint liability doctrine. Under this doctrine, an actor is liable for someone else’s tortious conduct. 1. Primary instance is an employer’s obligation to pay for an employee’s tortious conduct, known as the doctrine of respondeat superior . 2. Also applied to vehicle owners, allowing people injured by the negligent use of an automobile or other vehicle to recover form the owner even if she is not negligent in any way. b. Respondeat Superior (a universal rule) 1. Intro: i. First issue is whether the person was an employee, or an independent contractor and not under the control of the parent employer. i.e. with Maids cleaning service employs only independent contractor, therefore they are not your own employee. This is why they bring their own mops, cleaning apparatuses, etc – you can’t tell them what to do. ii. Second question – was the employee actinging within the scope of their employment? This is broader than you might think. Doesn’t include commute to/from work necessarily. It could be so if you are at a work site. iii. Third question – intentional tort – did the employer put the employee in a situation where the intentional tort occurred? Did the employer establish this relationship? 2. Trahan-Laroche v. Lockheed Sanders, Inc. – an employee driving employer’s truck doing a non-work activity, when flatbed trailer separated from the truck and hit the car driving behind it. i. Was the D (employer) independently negligent for supervising the driver and inspecting his truck?
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Christopher Reinemann
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