| Proposition 51 | | | | If the injured party only chooses to proceed |
| Proposition 51 was officially adopted on June 3, | | | | against the first driver who struck him, the first |
| 1986. Proposition 51 was passed and now each | | | | driver may claim that he was responsible for |
| named Defendant to a lawsuit is responsible in | | | | some of the injuries you suffered. They will claim |
| proportion to their degree of fault. This changed | | | | that the second impact was the impact that |
| the old rule of joint and several liability where each | | | | caused you injuries. The defense counsel will hire |
| party is responsible for the damages collectively. | | | | experts to testify to that fact. |
| Proposition 51 was codified at California Civil Code | | | | At the end of the case, the defense counsel will |
| ยง 1431.2, which reads in relevant part as follows, | | | | make a big closing argument to the jury. The |
| "in any action for personal injury, property | | | | defense expert will state that everyone is sorry |
| damage or wrongful death, based upon principles | | | | that you have been injured and inconvenienced |
| of comparative fault, the liability of each | | | | but the defendant is not responsible for your |
| defendant for non-economic damages shall be | | | | injuries. They will point to an empty chair and say |
| several only and shall not be joint. Each defendant | | | | that the responsible party should be sitting in the |
| shall be liable only for the amount of | | | | empty seat. |
| non-economic damages allocated to that | | | | Second Defendants May Help |
| defendant in direct proportion to that defendant's | | | | Naming all potential defendants in a lawsuit may |
| percentage of fault, and a separate judgment shall | | | | help to facilitate the case. Any attorney who files |
| be rendered against that defendant for that | | | | a lawsuit against multiple parties should have a |
| amount." | | | | legal theory of liability in place against each |
| Importance of Naming All Potential Defendants | | | | defendant. Each theory should be pleaded with as |
| If all potential defendants are not named, the | | | | much factual support as possible. It is absolutely |
| recovery for your personal injury lawsuit can be | | | | important that this is done. The reason being is |
| compromised. In order to fully understand this | | | | that each separately named may assist in the |
| concept, an example is necessary. | | | | prosecution of the case against the other |
| If you are the first car in a three car collision, you | | | | defendant. |
| must name both cars that were involved. As the | | | | One party may conduct much investigation into |
| first car involved in such an accident, you probably | | | | the matter and may bring forward an idea that |
| experienced two different impacts. The first | | | | was not considered or they may be willing to |
| impact occurs when the first car strikes you. The | | | | spend a lot of money in an attempt to place the |
| second impact occurs when the third car strikes | | | | other party completely at fault. Each Defendant |
| the second car. As a result of the mechanics of | | | | ends up attempting to prove their own |
| this accident, the individual in the first car may | | | | responsibility for the accident. |
| experience two separate injury causing impacts. | | | | If you have been involved in accident involving |
| Both parties will be found to have violated | | | | multiple parties, do not attempt to handle the |
| California Vehicle Code, which makes it an | | | | matter on your own. Please consult with a skilled |
| infraction to follow another party too closely. | | | | personal injury attorney in your state. |
| The Empty Chair Defense | | | | |