Multiple choice

1. Which case held that where the tortious acts of two or more tortfeasors join together to produce an indivisible injury, all of the wrongdoers will be held jointly and severally liable for the entire damages and plaintiff can proceed against any one tortfeasor separately or against all of them in one suit?

A Landers v. East Texas Salt Water Disposal Co., 248 S.W.2d 73 (Tex. 1952).

B Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway, 179 N.W. 45 (Minn. 1920).

C Salinetro v. Nystro, 341 So. 2d 1059 ( Fla. Dist. Ct. App. 1977).

D Joshi v. Providence Health Sys. Of Oregon Corp., 149 P.3d 1164 (Or. 2006).


2. What approach to the plaintiff’s claim for a loss of opportunity for a substantially better recovery due to defendant’s negligence was adopted in the case of In Lord v. Lovett, 770 A. 2d 1103 (N.H. 2001)?

A Plaintiff must prove that due to defendant’s negligence, plaintiff was deprived of at least a 51% of a more favorable outcome in her recovery, at which point plaintiff can recover damages for the entire preexisting condition.

B Plaintiff can submit her case to the jury upon proof that the defendant’s negligence more likely than not either “increased the harm” to plaintiff, or “destroyed a substantial possibility” of achieving a more favorable outcome in her recovery. Once proven, plaintiff can recover damages for the entire preexisting condition.

C Plaintiff must establish the causal link between the defendant’s negligence and the lost opportunity for a better recovery, and plaintiff can prevail even if her chances of a better recovery are less than 51%. However, plaintiff can only recover damages directly attributable to the defendant’s negligence.

D None of the above.


3. Joint tortfeasors include which of the following groups?

A Two or more individuals who act independently but cause a single, indivisible tortuous injury to the plaintiff.

B Two or more individuals who act in concert to commit a tort which causes injury to the plaintiff.

C Two or more individuals who share legal responsibility for a tort under a theory of vicarious liability.

D All of the above.


4. Joint and several liability permits which of the following results?

A Plaintiff can enforce an entire judgment against any of the defendants individually.

B If one defendant pays more than his proportional share of liability, he can seek contribution for the excess from the remaining defendants.

C Plaintiff can recover more than the total amount of the judgment if the defendants have sufficient resources.

D Both A & B. 


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