Fact Pattern 9-2 Blake Lives in a Jurisdiction That Applies Joint and Several

question 37

Multiple Choice

Fact Pattern 9-2
Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution. He was involved in a very unfortunate motor vehicle accident. Tony hit Blake's new Mercedes in the rear just as Cathy crossed the center line and sideswiped him. Blake's car was severely damaged, and Blake suffered from whiplash for a few weeks. Blake sued both Tony and Cathy. It was determined at trial that both Tony and Cathy were negligent, that Blake was not negligent, that Tony was 60% responsible for Blake's injuries, that Cathy was 40% responsible for Blake's injuries, and that Blake's total damages were $100,000.
-Refer to fact pattern 9-2. Assuming she has the financial resources or sufficient insurance,can Blake recover the entire $100,000 from Cathy?

• A) Yes.
• B) No, but only because she was found to be less at fault than Blake.
• C) No, because joint and several liability is in effect.
• D) Only if Blake can establish that Tony is insolvent can he recover the entire amount from Cathy.

---

Definitions:

Albert Bandura

A leading psychologist best known for his social learning theory and the concept of self-efficacy.

Personality Traits

Enduring characteristics that describe an individual's behavior, thought patterns, and emotional reactions.

Conscientiousness

A personality trait characterized by diligence, meticulousness, and a strong sense of duty.

Self-efficacy

An individual's belief in their own ability to succeed in specific situations or accomplish a task.