\u03c0 can recover her damages from any party but those s can seek partial

Π can recover her damages from any party but those s

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Partial indemnification: any ∆ is joint & severally liable for π’s entire harm. π can recover her damages from any party but those ∆’s can seek partial indemnification from other ∆’s from their share of the fault o Here, AMA can seek partial indemnity from π’s parents on a comparative fault basis o Indemnification shifts the entire cost of damages from one party to another Happens when ∆ is more at fault (ex: 51%) o Contribution: divide damages between ∆’s based on their degree of fault Common law doesn’t recognize actions for contribution for joint & severally ∆’s b/c standard principles for “all or nothing” still apply. Why try to calculate damages based on ∆’s fault b/c ∆ was wrong, so ∆ should be fully liable - If ∆ is insolvent, the remaining ∆’s split the insolvent’s portion comparatively based on their % of fault. If π is CN, then ∆’s & π split insolvent party’s share comparatively o If ∆ does intentional tort, then not split w/ π b/c CN is not a defense H. CAUSATION 1. Cause-In-Fact - Must ask but for ∆’s breach of duty, would π still have suffered harm? o Imagine that ∆ did act w/ reasonable care would π still be alive? What would have happened had the ∆ not breached his duty & complied w/ his obligations? [counterfactual thinking] o Did ∆’s activity cause π harm? Yes or no answer - It’s a condition, act, or object that caused π’s injuries or increased the risk of harm to π - Factual cause must be a necessary condition for the outcome o Needs to be a cause of the person’s harm, not the proximate cause - π must be able to establish that more probably than not, the outcome would’ve been different - When not a cause of π’s harm, π doesn’t recover, even if breached duty Where ∆ owes a duty & ∆ breaches that duty but causation is not established as a part of π’s prima facie case, ∆ is not liable New York Central R.R. v. Grimstad: Grimstad was employed as captain on a barge owned by D. π & wife were on barge when tugboat bumped into it. Wife came & saw π in water who didn’t know how to swim. When she came back from getting a line, he drowned. Wife sued ∆ for negligently failing to equip barge w/ life vests & buoys & claimed lack of life preservers caused π’s death - π’s prima facie case o Duty ∆ had duty to provide proper/safe boat o Breach ∆ breached his duty b/c he didn’t provide life preservers o Causation Not met here, so ∆ is not liable - Even if ∆ complied w/ duty & provided equipment, no certainty that buoys would have saved π (pure speculation) Kirincich v. Standard: Deceased fell off dredge close to shore & was carried away when shipmates tried to save him w/ inadequate lifesaving equipment. - Court held no way to be certain if having proper lifesaving equipment would have saved P. If they had buoys, P may have grabbed on→ based on if a reasonable man who is drowning would have been saved if there was proper lifesaving equipment Reynolds v. Texas & Pacific Ry.: P, 250-lb woman, fell down unlighted steps leading to train platform.
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