1% of the Fault to Plaintiff, 2% to the Negligent Tortfeasor and 97% Percent to the Intentional Tortfeasor Means 99% of the Liability to the Negligent Tortfeasor

Huh? That's what we said.

Because the civil law (at least in the Court of Appeals of Indiana) is all about the Benjamins, a court has found that an ever so slightly negligent (2%) business owner needs to pay for 99% of the harm caused by a murderer. Citing the Restatement (Third) of Torts. Section 14, a public policy in favor of adequately compensating the wronged (though, without discussion, they may be inadequately compensated thanks to their own (1%) wrongs) and the difficulty murderers have in procuring insurance to cover their rampages, the appellate court in Santelli v. Rahmatulla found that the Restatement provides a handy way of escaping Indiana's reform of its joint and several liability rule. File this one under "Redistributive Justice".

 

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