Successive Torts Resulting in a Single, Indivisible Injury: Plaintiffs, Prepare to Prove the Impossible

Authors

Michael J. Kleffner

Abstract

In most lawsuits, plaintiffs' medical experts can accurately allocate plaintiffs' injuries to a specific, causal factor. In some instances, however, two events may combine to cause an injury that is incapable of rational apportionment, even by the most learned medical expert. In such a case, the indivisible injury doctrine may relieve a plaintiff of the difficult burden of proving which tortfeasor caused her injuries. The indivisible injury doctrine, however, does not benefit all plaintiffs who have suffered an injury that cannot be apportioned. As illustrated by the instant case, certain plaintiffs must prove the impossible, namely, which tortfeasor caused their injuries, even though doing so may be a medical impossibility.

Recommended Citation

Michael J. Kleffner, Successive Torts Resulting in a Single, Indivisible Injury: Plaintiffs, Prepare to Prove the Impossible, 64 Mo. L. Rev. (1999)
Available at: https://scholarship.law.missouri.edu/mlr/vol64/iss4/7