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to be liable; then in a contribution action, the ∆ who gave, in their opinion, too much bc of π’s redress actions, can go after the other ∆ & get the apportionment of fault.Several-Only Liability:π can only recover from each ∆ based on their % fault.oPotential Problem: ∆ is insolvent or unreachable. oJSL allocates the risk to solvent and reachable ∆s.oSeveral-onlyallocates risk to π: she can only recover the damages that reachable ∆s are responsible for.oWho should bare the risk? Should missing damages be allocated to ∆’s based on a pro-rata basis, or can we allocate according to % fault? Some state (NJ) hold not parties are not included, while others (NH) do consider the fault of non-parties.RULE:The US may be held vicariously liable where a member of the armed services becomes intoxicated on base premises and causes injury offsite.Character Activity Test: “scope of employment”Is the risk was one that may be fairly regarded as typical of or broadly incidental to the enterprise undertaken by the employer.” oif the risk is foreseeable to the employer, if endorsed by express or implied permission oif activities have become “a customary incident of the employment relationship”omet whenever broad potential effects on morale and customer relations exist46
Ravo v. Rogatnick(N.Y. 1987)YES JOINTLY & SEVERALLY LIABLEP retardation and disability was caused by the concurrent negligenceof Dr.s Rogatnick and Harris. Dr. R’s malpractice wasat birth, Dr. H misdiagnosed. H filed motion saying his fault was not jointly & severally liable but independent & successive When multiple tortfeasors neither act in concert nor contribute concurrentlyto the same wrong not joint tortfeasors, rather they are independent and successive wrongsWhen two or more tortfeasors act concurrently or in concert to produce a single injury, they maybe held joint and severally liableHolding: R=80% at fault and H=20% at fault. The injury is indivisible b/c it is impossible to say whose carelessness causedwhich “part” of the injury. Joint and several liability for an indivisible injury survives.Joint and Severally Liable vs. Successive Liability:When ∆’s are jointly & severally liable, a π can recover the entire judgmentamount from ∆ with means even if that ∆ was not 100% at fault.Independent and successive liability means a π can only collect the apportioned judgmentfrom each ∆. Bencivenga v. JJAMM(N.J. 1992)YES JOINTLY & SEVERALLY LIABLEΠ punched in the nose by club’s bouncers & π was punched in the nose by mystery assailant at ∆’s club; brings suit against ∆ and “John Doe” other ∆’s wouldn’t name. Should the jury be allowed to assign fault to Doe?