Photo: Bigstock Court's Guidance Needed on 'Second Injury' Cases
We urge the court to grant leave so that its ruling, on the basis of the Glassman rationale, can definitively furnish the bench and bar with a resolution of "second injury" financial responsibility.
February 14, 2021 at 10:10 AM
4 minute read
The apportionment of damages in "second injury" cases has always been difficult. How to fairly allocate damages and how to charge a jury on the determinative standard. The issue runs through common law, the Joint Tortfeasors Contribution Act (JTCA) and the Comparative Negligence Act (CNA).
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