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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

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 Daniel's 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. IsAntenuccijointly 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. (a) Explain how the situation above would be different if the doctors were partners in a limited partnership, with Pena as the general partner and Antenuccias a limited partner? (b) Would the situation of a limited partnership be different if as a limited partnerAntenuccimet with Pena once a month to discuss and make decisions about the operation of their medical practice? Explain.

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