Driver A is speeding and hits pedestrian B. B sustains a broken left leg. B is rushed to the hospital for surgery. A surgeon, C, makes a mistake and, as a result, B's left leg is amputated. B sues Driver A and surgeon C in negligence. Assume that a trial judge: (1) finds Driver A and surgeon C liable to B for the amputated left leg; and (2) apportions responsibility equally between Driver A and surgeon C.
Which of the following statements IS correct?

Question

Driver A is speeding and hits pedestrian B. B sustains a broken left leg. B is rushed to the hospital for surgery. A surgeon, C, makes a mistake and, as a result, B's left leg is amputated. B sues Driver A and surgeon C in negligence. Assume that a trial judge: (1) finds Driver A and surgeon C liable to B for the amputated left leg; and (2) apportions responsibility equally between Driver A and surgeon C.

Which of the following statements IS correct?

Answer

The court apportioned responsibility equally between Driver A and surgeon C because both defendants were non-concurrent tortfeasors who caused a divisible injury.

Answer

B can recover 100% of his damages from Driver A. Driver A can then seek contribution from surgeon C in an amount equal to what Driver A paid B.

Answer

If Driver A is insolvent, B can only recover 50% of his damages from surgeon C.

Answer

B must recover 50% of his damages from Driver A and 50% of his damages from surgeon C.

Answer

Driver A can only seek contribution from surgeon C if Driver A paid more than his appropriate share of B's damages.

Crowdly

Driver A is speeding and hits pedestrian B. B sustains a broken left leg. B is ...

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