Articles Posted in Car Accidents

While some accidents only involve one plaintiff and one defendant, others involve multiple defendants. This can create an issue when it comes to determining which defendants are responsible for compensating the plaintiff in the event of a plaintiff’s verdict. Jurisdictions around the country have different methods of determining how defendants are required to compensate a plaintiff when there are several at-fault defendants, some of whom may not be present at all or may not be able to afford to compensate the plaintiff.

There are two basic methods that states use to determine which defendants are responsible for compensating the plaintiff. Under one method, called “joint and several liability,” any defendant found to be at fault can be held completely responsible for any and all damages the plaintiff suffered. This is a very plaintiff-friendly rule because it allows for a plaintiff to seek full recovery from just one defendant, if the other defendants are either not present or unable to pay. A defendant that ends up paying for other defendants’ shares can then sometimes seek compensation on their own through what is called “contribution.”

The other manner in which courts split up liability is called “several liability,” under which a defendant is only held responsible for their own percentage of fault. For example, if a defendant was 20% at fault, and the total damages suffered by the plaintiff were $1 million, the defendant would be only responsible for up to $200,000. Indiana uses this method. A recent case in front of an Arizona appellate court illustrates how several liability can play out in the real world.

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Earlier this month, the Michigan Supreme Court issued an interesting opinion illuminating the jurisdictional issues that can arise in personal injury cases. In the case, Hodge v. State Farm Mutual Automobile Insurance Company, the plaintiff was a woman who was injured when she was struck by a vehicle insured by State Farm.

After the accident, the plaintiff filed a lawsuit in a district court. In Michigan, as in Indiana and many other states, the court system is broken down according to several factors, one of which is the “amount in controversy,” or the amount sought by the plaintiff. In this case, the plaintiff was seeking $25,000, which was the upper limit of a Michigan district court.

At trial, the plaintiff presented evidence of damages far in excess of the $25,000. State Farm attempted to prevent the plaintiff from presenting this evidence, arguing that it wasn’t proper because the limit she could recover was $25,000. The court denied the request and allowed all of the plaintiff’s evidence of injuries. After the trial, she was awarded roughly $85,000, and the court then reduced the recovery amount to the jurisdictional limit of $25,000.

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Earlier this month, one state’s supreme court heard an appeal in a personal injury case in which the jury found that the defendant was liable for causing the accident but awarded the plaintiff zero dollars as compensation.

Lowman v. State Farm Mutual Auto Insurance Company:  The Facts

In the case, Lowman v. State Farm Mutual Auto Insurance Company, the plaintiff was struck by another driver who did not have insurance. The plaintiff had her own insurance through State Farm. This insurance policy had, among other things, coverage for accidents caused by uninsured motorists. The plaintiff filed a lawsuit against State Farm.

Importantly, this case presented only limited issues. For starters, State Farm admitted that the uninsured motorist was negligent in causing the accident. Thus, the only issue for the jury to consider was whether the uninsured motorist’s negligence caused any harm to the plaintiff. In addition, the plaintiff withdrew her claim seeking lost wages, and she also admitted that her medical bill had already been paid. So the only claim in front of the jury was whether she suffered “pain and suffering” as a result of the accident.

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