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Under joint and several liability or (in the U.S.) all sums, a plaintiff (claimant) is entitled to claim an obligation incurred by any of the promisors from all of them jointly and also from each of them individually. Thus the plaintiff has more than one cause of action: if she pursues one promisor and he fails to pay the sum due, her action is ...
Walt Disney World Co. v. Wood, 489 So. 2d 61 (Fla. Dist. Ct. App. 1986) is a court decision by Florida's Fourth District Court of Appeal illustrating the principle of joint and several liability when combined with comparative negligence. It also features a unique twist in that the plaintiff and one of the defendants were (at the time of the ...
Decided November 17, 1948; Full case name: Charles A. Summers v. Howard W. Tice, et al. Citation(s) 33 Cal.2d 80 199 P.2d 1: Holding; When a plaintiff suffers a single indivisible injury, for which the negligence of each of several potential tortfeasors could have been a but-for cause, but only one of which could have actually been the cause, all the potential tortfeasors are jointly and ...
The Liebeck case became a flashpoint in the debate in the United States over tort reform. It was cited by some as an example of frivolous litigation; [5] ABC News called the case "the poster child of excessive lawsuits", [6] while the legal scholar Jonathan Turley argued that the claim was "a meaningful and worthy lawsuit". [7]
Under joint and several liability, where two or more people create a single injury or loss, all are equally liable, even if they contributed only a small amount. A state court hearing an admiralty case would be required to apply the doctrine of joint and several liability even if state law does not contemplate the concept.
In Judge Hand's formulation, liability depends upon whether B is less than L multiplied by P (viz., whether B < P*L). U.S. Court of Appeals, 2nd Circuit. 159 F.2d 169. Vaughan v. Menlove, 132 Eng. Rep.490 (C.P. 1837): An important case in the definition of a reasonable person standard in which a man negligently stacks hay that catches fire.
McDonald's is a well-known product liability lawsuit that became a flash point in the debate in the U.S. over tort reform after a jury awarded $2.9 million to Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, who sued McDonald's after she suffered third-degree burns from hot coffee that was spilled on her at one of the company's ...
For example, in a case where a driver rear-ended another car due to faulty brakes, and is sued by the accident victim, the driver may decide to implead the repair shop where the brakes were worked on because the driver's liability derives from the repair shop's liability for their faulty repair of the brakes.