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Old 11-25-2008, 05:30 PM
Kevin Kevin is offline
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
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>> It's not fair to go after deep pocket defendants... (paraphrased)

There is a good reason why in most states, we allow injured parties to go after the 'deep pockets.' The concept is called joint and severable liability, and I'm pretty sure most states still follow this, although there is a trend with tort reform to do away with this rule.

The idea behind this is that we, as a society, place a higher priority on making injured parties whole than we do protecting the liability/exposure of people who cause or have a hand in causing injuries.

How this would work is that the plaintiff sues everyone, gets the money from the easiest place to get money (from the corporation who probably has enough premises liability coverage to pay for everything). That corporation's insurance company here (McDonald's) would then in turn seek contribution from the employees.

Other systems discourage injured parties from suing in the first place because no one will represent someone who has a low likelihood of ever receiving anything other than a [worthless] judgment.

I think it's a fine system, and it's not perfect, but if we think the courts are supposed to make people whole, this is the only way folks will ever be made whole.
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