Strategies, Challenges, and Answers

As Between Intentional And Negligent Joint Tortfeasors, The Negligent Tortfeasor Is Severally Liable While The Intentional Tortfeasor Is Liable Both Jointly And Severally.

According to its web site, CAFE MODA is the “Hottest Local Filipino Spot In Las Vegas”.  A few years back, things got hotter than expected when Palma and Richards got into a fight while on the cafe’s premises.  Richards stabbed Palma.  Palma sued Richards and Cafe Moda.  At the civil trial, the jury found both Richards and the cafe liable for Palma’s injuries, Palma for the intentional tort of assault and the cafe for negligence.  The jury apportioned damages at 80% to Richards and 20% to Cafe … [Read more...]

Res Ipsa Loquitur And Comparative Fault

If there is insufficient evidence to prove a conventional case of negligence, creative Plaintiff’s attorneys will search around for an alternative theory of liability under which their client can recover.  One of those alternative theories is res ipsa loquitur.  Res ipsa loquitur is a Latin phrase that means “the thing speaks for itself”.  In a res ipsa loquitur case, the plaintiff’s attorney might argue that if it looks like negligence and feels like negligence, it must be negligence.  The … [Read more...]