Multiple Defendants

Causation

Two parts:



Two different tests for factual causation




Causation

Two parts:

  1. Factual cause
  2. Proximate cause

Two different tests for factual causation

  1. “But for”
  2. Substantial factor

fit

Stubbs v. City of Rochester

Zuchowicz v. United States


What about multiple possible causes?

Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

“Multiple Fires Whodunnit”


Necessary and Sufficient Conditions

Necessary condition:

Result happens ONLY IF condition exists.

Put another way:

IF NOT condition, then NO result.

Sufficient condition:

IF condition exists, then result happens.

Summers v. Tice

“Hunting Party Whodunnit”


Summers v. Tice

Three reasons for alternative liability:

  1. Almost 51% probability
  2. Fairness
  3. “Smoke out” the real evidence

Summers v. Tice

Three reasons for alternative liability:

  1. Almost 51% probability
  2. Fairness
  3. “Smoke out” the real evidence

Garcia v. Joseph Vince Co.

“Fencing Sabre Whodunnit”