Question
Alexander suffers a single injury as a result of separate acts of negligence by Byron and Charles in a state that has not modified the
Alexander suffers a single injury as a result of separate acts of negligence by Byron and Charles in a state that has not modified the rules of joint and several liability. Which of the following statements is correct?
A
Alexander may sue either Byron or Charles and can recover damages in full from either
B
Alexander must sue both Byron and Charles to recover damages in full
C
If Alexander sues only Byron, Byron has a partial defense that he was not solely to blame for Alexander's injuries
D
If Alexander sues only Charles, Charles cannot be held liable for a greater percentage of Alexander's loss than Charles's proportion of responsibility
Alexander suffers a single injury as a result of separate acts of negligence by Byron and Charles in a state that has not modified the rules of joint and several liability. Damages are assessed at $100,000. Alexander sues Byron and wins a judgment for $100,000 but Byron is bankrupt and cannot pay Alexander anything. Alexander later sues Charles. Which of the following outcomes will occur?
A
If Alexander establishes that Charles is at fault, judgment will be for nominal damages only (i.e., effectively zero) because Alexander has already won judgment against Byron for the whole of his loss
B
Alexander's claim against Charles will be dismissed because he has already won judgment against Byron for the whole of his loss
C
If Alexander establishes that Charles is at fault, he will win a judgment for whatever sum he is unable to recover from Byron
D
If Alexander establishes that Charles is at fault, he will win a judgment for $100,000
Alexander suffers a single indivisible injury as a result of the negligence of Byron and Charles in a state that has not modified the rules of joint and several liability. Alexander's loss is $100,000. He settles with Byron for $30,000. Alexander then sues Charles. How much will Charles have to pay?
A
$100,000, which is the amount of the judgment that will be awarded against Charles
B
$70,000, the amount of the $100,000 loss that has not already been satisfied by Byron
C
$30,000 because under a system of joint and several liability, Charles's liability cannot exceed Byron's
D
Nothing because the settlement with Byron discharges Charles from liability
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