Assume the same facts as given in the “Practical Ponderables ” except assume that the trainer is an employee of Escondido Farms and has substantial assets of his own. Further assume that Maria’s injuries were compounded by negligent treatment in the emergency room and that her parents decide to sue Mercy Hospital and the doctor who treated her, Dr. Martin, for negligence.
1. In your state, can Maria recover her entire judgment from Escondido Farms even if a jury decides that it was only 10 percent responsible for her injuries?
2. What options does Escondido Farms have if Maria decides to recover her entire judgment from this defendant alone?
3. Go on the Internet and find a sample release you think could be modified for use in this case if Maria decided to release the trainer.
4. In your state could Escondido Farms seek contribution from the trainer if he were released?
5. In your state could your firm enter into a Mary Carter or Gallagher agreement with the trainer? What limitations would be put on this agreement?