In subrogation, we typically deal with torts. Generally, these are based on negligence, which means that the central question is one of causation: we must prove that the Defendant's actions or failure to act were both the actual and proximate cause of the Plaintiff's damages. But what if there are not one, but two negligent defendants? That may sound like a great problem to have, but when you can't prove which defendant's breach caused the plaintiff's harm, meeting the causation requirement can get tricky.
On this week's episode, join Rebecca and Steve as they sort out two very useful rules: the unascertainable cause and the merged causes tests, which you can use to get to judgment when you have too many tortfeasors acting too negligently. If they all did it, can they get away … with negligence?
