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

In a joint and several liability system, if one defendant cannot pay their share of the damages, the other defendant(s) can be held responsible for the full amount. In this case, since Cathy was found 40% responsible and has the financial resources to pay, Blake can recover the entire $100,000 from Cathy.

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