Question
Regarding cases of Summers v. Tice and Sindell v. Abbott Laboratories. These cases provide a framework for sorting out which defendants may be ultimately held
Regarding cases of Summers v. Tice and Sindell v. Abbott Laboratories. These cases provide a framework for sorting out which defendants may be ultimately held liable in situations where there could be any one or more of a collection of parties responsible for a negligent act.
Where two hunters both discharged their weapons and the buckshot from one of the shotguns injured plaintiff Summers would require that the burden shifts to each of the defendants to prove that he was not the cause-in-fact of the gunshot injury.
In Sindell, Abbott Laboratories may or may not have been the manufacturer of the DES which injured plaintiff, but since Abbott put a substantial amount of DES in the stream of medical commerce, it should be responsible for a share of the plaintiff's damages proportionate to Abbott's share of the DES marketplace.
Discuss whether such methods of apportioning liability among possible wrongdoers promotes corrective justice.
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