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¡PROF.  CRAIG CHARLES BELES
¡Seattle, Washington, USA

SUMMERS v. TICE  (CA 1948)
Multiple Independent Negligent Acts But One Cause
Pl  Cannot ID Cause
Pl Sues All Possible Ds
Shifting Burden of Proof
Individual Liability = Joint & Several Liability
SINDELL v. ABBOTT LABS  (CA 1980)
Multiple Independent Negligent Acts But One Cause
Pl  Cannot ID Cause
Fungible Item Caused Harm
Pl Sues Some Ds With Substantial Market Share
Shifting Burden of Proof
Market Share Liability
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1.DUTY TO PL? – NECESSARY RELATIONSHIP BETWEEN PL & D
2.
2.STANDARD OF CARE – REQUISITE LEVEL OF CONDUCT
3.
3.BREACH OF DUTY – FAILURE TO MEET STANDARD
4.
4.CAUSE IN FACT – BREACH OF DUTY RELATES TO INJURY
5.
5.PROXIMATE CAUSE – EXTENT OF LIABILITY FOR HARM
6.
6.INJURY – REQUISITE HARM

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INTERVENING CAUSE:  A NEW CAUSE THAT JOINS WITH D’s NEGLIGENT CONDUCT TO INJURE Pl.
SUPERSEDING INTERVENING CAUSE:  A HIGHLY UNFORSEEABLE INTERVENING CAUSE THAT RELIEVES D OF
LIABILITY FOR HARM CAUSED BY D’s NEGLIGENT CONDUCT.
DEPENDENT INTERVENING CAUSE:  AN INTERVENING CAUSE STIMULATED BY D’s NEGLIGENCE AND USUALLY
CONSIDERED FORESEEABLE.

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JOINT TORTFEASORS:  TWO OR MORE Ds WHO EITHER:
1) ACT IN CONCERT TO COMMIT A TORT, or
2) ACT INDEPENDENTLY BUT CAUSE AN INDIVISIBLE INJURY
3) SHARE RESPONSIBILITY BECAUSE OF VICARIOUS LIABILITY
JOINT TORTFEASORS ARE “JOINTLY & SEVERALLY” LIABLE FOR ALL OF THE DAMAGES CAUSED BY THEM.
JOINT TORTFEASORS MAY CROSS-CLAIM AGAINST ONE ANOTHER FOR “CONTRIBUTION” (PARTIAL SHIFTING) OR
“INDEMNITY” (TOTAL SHIFTING) OF RESPONSIBILITY.

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ORIGINAL DEFENSES
CONTRIBUTORY NEGLIGENCE
ASSUMPTION OF RISK
MODERN APPROACH
COMPARATIVE NEGLIGENCE
1) PURE
2) MODIFIED – GREATER THAN 50%
3) MODIFIED -  50% or GREATER

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CHARITABLE  IMMUNITY
SPOUSAL  IMMUNITY
PARENT-CHILD  IMMUNITY
GOVERNMENTAL  IMMUNITY