Friday, October 10, 2014

Bierczynski v. Rogers case brief summary


Bierczynski v. Rogers case brief summary

F: TC ruled in favor of P against both D (motorists) jointly finding that both D were each negligent and that the negligence of each was a proximate cause of the accident.
Automobiles driven by Ds engaged in a speed contest violating the proper speed limit. One of D crashed P’s car while the other D remained in the proper lane at all times, and did not come in contact with P’s vehicle.

Both of them found liable for full amount. 

I: Whether all who acts in concert at their peril regardless of who of them directly inflicted the injury to P is an act of concurrent negligence imposing liability on each participant for any injury to P from the engaged activity.

R: All who acts in concert at their peril regardless of who of them directly inflicted the injury to P is an act of concurrent negligence imposing liability on each participant for any injury to P from the engaged activity.


C:
affirmed


Co: Joint several liability
1. Ds acting
in concert
2. in which Ds fail to perform a common duty to P
common duty (vicarious liability) – i) employer/employee, ii) retailer/manufacturer
3. involving Ds who acted
independently to cause an indivisible harm

Satisfaction rule says only one recovery per each injury Both tortfeasors have to be negligent in the first place. Contribution – separate cause of action.

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