Tuesday, October 25, 2011

Jensen v. Intermountain Health Care Inc. case brief


Pl = 46% Neg.
Def. = 35% Neg.
Dr. = 18% Neg.
Pl. died as a result of negligence on the part of the Dr. and hospital.

Is the “Unit” rule or the “Wisconsin” rule the one Utah should adopt?

[Unit Rule] Negligence of all Def.’s taken together in making the comparison.
[Wisconsin Rule] Negligence of each Def. is compared against the Pl.’s negligence to determine whether a particular Def. is liable.
Under Unit Rule, Pl = 46% neg, Def. = 54% Neg, Pl. allowed to recover.
Under Wisconsin Rule, Pl. Neg > Def. Neg., Pl. not allowed to recover.

Under Wisconsin Rule, the more Def.’s who inflict an injury, the less likely a Pl. will be to recover.

Reject the Wisconsin Rule, Reverse and remand for entry of judgment on the verdict.

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