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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/restt5030 and id is 1 raw text is: TORTS 3D: APPORTIONMENT OF LIABILITY TOPIC 1. BASIC RULES OF COMPARATIVE RESPONSIBILITY § 7. Effect of Plaintiff's Negligence When Plaintiff Suffers an Indivisible Injury D.Mass.2020. Com. (e) quot. in sup. Patient who fractured her ribs and was admitted to a medical center before being transferred to a rehabilitation facility filed a medical-malpractice claim against, among others, medical providers who treated her at the facility, alleging that she developed bilateral paraplegia, weakness in her lower extremities, and bowel and bladder incontinence after having an epidural catheter inserted at the medical center, and that she developed increasing lower extremity weakness and pain, lower limb contractures, and pressure ulcers while at the facility. This court granted partial summary judgment for providers who treated patient at the facility, holding that they were not liable for injuries sustained prior to patient's transfer to the facility. The court reasoned that providers who worked at the facility were not jointly and severally liable for the entirety of patient's damages, because her injury was capable of division under Restatement Third of Torts: Apportionment of Liability § 7. Prouty v. Thippanna, 458 F.Supp.3d 56, 59. TOPIC 3. CONTRIBUTION AND INDEMNITY § 22. Indemnity Hawaii App.2014. Subsec. (a)(2)(i) quot. in sup. After union obtained a judgment against its former director for breaching his fiduciary duties in administering a trust that benefitted union members, director sought indemnification from union, alleging that his liability related to the trust arose solely from acts performed in his capacity as union's agent. The trial court granted summary judgment for union. Affirming, this court held that director's indemnification claim was not viable under the law of indemnity, because he was responsible for his own conduct and was not entitled to be indemnified for his own negligent acts as a matter of law. The court cited Restatement Third of Torts: Apportionment of Liability § 22 in explaining that the law of indemnity, in the case of vicarious liability, worked in favor of the vicariously liable party, rather than against it. Rodrigues v. United Public Workers, AFSCME Local 646, AFL-CIO, 467 P.3d 350, 362. § 23. Contribution C.A.9, 2020. Subsec. (b) and com. (b) cit. in case quot. in ftn.; com. (b) quot. in ftn. (quoting § 33, com. (b), of Prop. Final Draft 1999, which is now § 23, com. (b), of the Official Text). Former customers of a facility that recycled solvents and refrigerants filed contribution claims against entities responsible for the release of hazardous substances from nearby facilities, after entering a consent decree with the government regarding cleanup of a toxic plume created when hazardous substances from plaintiffs' facility migrated through groundwater and commingled with those from defendants' facilities. The district court granted summary judgment for defendants, finding that plaintiffs' claims were time-barred by their prior settlement with other defendants regarding cleanup of hazardous substances near the COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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