Fact Pattern 9-2
Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution. He was involved in a very unfortunate motor vehicle accident. Tony hit Blake's new Mercedes in the rear just as Cathy crossed the center line and sideswiped him. Blake's car was severely damaged, and Blake suffered from whiplash for a few weeks. Blake sued both Tony and Cathy. It was determined at trial that both Tony and Cathy were negligent, that Blake was not negligent, that Tony was 60% responsible for Blake's injuries, that Cathy was 40% responsible for Blake's injuries, and that Blake's total damages were $100,000.
-Refer to fact pattern 9-2. Assuming she has the financial resources or sufficient insurance,can Blake recover the entire $100,000 from Cathy?

Question

Quizplus · Accepted Answer

Since joint and several liability is in effect in Blake's jurisdiction, she can recover the entire $100,000 from either Tony or Cathy, regardless of their percentage of fault, as long as they have the financial resources or sufficient insurance. In this case, Cathy was found to be 40% responsible, so she can be held liable for the full amount if she has the ability to pay.

Fact Pattern 9-2 Blake Lives in a Jurisdiction That Applies Joint and Several