Question
Carlton lives in a jurisdiction that applies joint and several liability along with the doctrine of comparative negligence. He was also involved in a very
Carlton lives in a jurisdiction that applies joint and several liability along with the doctrine of comparative negligence. He was also involved in a very unfortunate motor vehicle accident. Shawn hit Carlton's car in the rear just as Juliet crossed the center line and sideswiped Carlton's car on the driver's side. Carlton's car was severely damaged and Carlton suffered from whiplash for a few weeks. Carlton sued both Shawn and Juliet. It was determined at trial that both Shawn and Juliet were negligent, that Carlton was not negligent, that Shawn was 60% responsible for Carlton's injuries, that Juliet was 40% responsible for Carlton's injuries, and that Carlton's total damages were $100,000. Assuming she has the financial resources or sufficient insurance, can Carlton recover the entire $100,000 from Juliet?
Group of answer choices
No, because joint and several liability is in effect.
No, but only because she was found to be less at fault than Shawn.
Only if Carlton can establish that Shawn is insolvent can he recover the entire amount from Juliet.
Yes.
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