Jose Pena and Joseph Antenucci were medical doctors who were general partners in a medical practice. Both doctors treated Elaine Zuckerman during her pregnancy. Her son, Danial Zuckerman, was born with severe physical problems. Elaine, as Daniels mother and natural guardian, brought a medical malpractice suit against both doctors. The jury found that Pena was guilty of medical malpractice but that Antenucci was not. The amount of the verdict totaled $4 million. The trial court entered judgment against Pena but not against Antenucci. Plaintiff Zuckerman made a posttrial judgment against both defendants. Is Antenucci jointly and severally liable for the medical malpractice of his partner, Pena?

1. Is Antenucci jointly and severally liable for the medical malpractice of his partner, Pena? Why or why not?

2. In your opinion, is the law fair with respect to liability in a general partnership?

3. Explain how the situation in the case scenario would be different if the doctors were partners in a limited partnership and Pena was the general partner and Antenucci the limited partner? What if as a limited partner Antenucci met with Pena once a month to discuss and make decisions about the operation of their medical practice? Explain.