JENSEN v INTERMOUNTAIN HEALTH CARE INC.
FACTS
Pl = 46% Neg.
Def. = 35% Neg.
Dr. = 18% Neg.
Pl. died as a result of negligence on the part of the Dr. and hospital.
ISSUE
Is the “Unit” rule or the “Wisconsin” rule the one Utah should adopt?
RULES
[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.
APPLICATION
Under Wisconsin Rule, the more Def.’s who inflict an injury, the less likely a Pl. will be to recover.
CONCLUSION
Reject the Wisconsin Rule, Reverse and remand for entry of judgment on the verdict.
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FACTS
Pl = 46% Neg.
Def. = 35% Neg.
Dr. = 18% Neg.
Pl. died as a result of negligence on the part of the Dr. and hospital.
ISSUE
Is the “Unit” rule or the “Wisconsin” rule the one Utah should adopt?
RULES
[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.
APPLICATION
Under Wisconsin Rule, the more Def.’s who inflict an injury, the less likely a Pl. will be to recover.
CONCLUSION
Reject the Wisconsin Rule, Reverse and remand for entry of judgment on the verdict.
Support us by:
Checking out our amazing store on Etsy: http://www.bohobuttons.com
While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.
Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!
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