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Case Citations [1] (Spring 2024)

handle is hein.ali/restt5036 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2024 Citations TORTS 3D: APPORTIONMENT OF LIABILITY TOPIC 1. BASIC RULES OF COMPARATIVE RESPONSIBILITY § 6. Negligence Imputed to a Plaintiff When the Plaintiff's Recovery Derives from a Claim That the Defendant Committed a Tort Against a Third Person and in Claims Under Survival Statutes N.J.Super.App.Div.2023. Com. (c) quot. in ftn. Estate of patient sued radiologist and gastroenterologist for negligently diagnosing patient's gastric cancer. After estate settled with radiologist, the trial court denied gastroenterologist's motion to bar estate's expert from testifying that radiologist did not deviate from the standard of care. This court affirmed, finding that estate was not judicially estopped from changing position on radiologist's negligence, because radiologist and gastroenterologist were joint tortfeasors. The court rejected gastroenterologist's argument in favor of extending the application of a prior New Jersey Supreme Court decision-that precluded a plaintiff from disavowing the negligence of an initial tortfeasor after settlement in a later action against a successive tortfeasor-to cases involving only joint tortfeasors, noting that that decision, which replaced the pro tanto credit scheme for apportioning liability described in Restatement Third of Torts: Apportionment of Liability § 6, Comment c, with a two-step apportionment procedure, specified it that was only applicable to cases involving successive tortfeasors. Adams v. Yang, 290 A.3d 627, 633. § 7. Effect of Plaintiff's Negligence When Plaintiff Suffers an Indivisible Injury Ariz.2023. Com. (j) quot. in diss. op. Motorist sued state entity and its employee for injuries sustained in a collision caused by employee. The trial court partially granted summary judgment for employee on the ground that motorist failed to timely comply with a state statute governing claims against public employees, and granted summary judgment for entity, finding that it could not be vicariously liable on motorist's negligence claim, because that claim was dismissed with prejudice. The court of appeals affirmed. This court vacated and remanded, holding that the dismissal of motorist's negligence claim against employee on procedural grounds did not preclude motorist's respondeat superior claim against entity. The dissenting opinion cited Restatement Third of Torts: Apportionment of Liability § 7 in noting that vicarious liability put an employer in its employee's shoes to vicariously bear the employee's liability and when the employee's liability was dismissed with prejudice for any reason, there was no COPYRIGHT (2024 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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