Head Injury Litigation: Why No NCAA?

superchuck500 said

I still don't understand what you're talking about. Doesn't the comparative fault have to be adjudged? Isn't that part of the verdict? A competent attorney should have the defendant identify in discovery any third party alleged to have been at fault - and those parties can be joined where warranted.

Are you really saying that a defendant can arbitrarily add a third party on a verdict form and that party - without representation or even a ruling on relative comparative fault as borne out in trial - is thereafter cast in judgment based in that defendant's designating the party as such?

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Pretty much. We do ask that third parties be identified in discovey but it is not always practical to add the party. In a premises liability case when you sue the owner they may seek to put on verdict form the contractor, subs and architect who were involved in construction of bldg twenty years before. All those defendants have immunity by virtue of peremption statutes. Their fault is quantified but you cannot recover their share. The defendants can even put phantom defendants on verdict form such aas unknown drivers who contributed to accident and left scene.

In the case at hand I was wondering out loud that in Louisiana if you used the NFL for repetitive head trauma might the defendants add colleges and high schools to the verdict form? How could a guy who has played football al his life prove all of his deficits are due to NFL play if his head has been getting blows for ten yrs before the NFL?

Sounds goofy but as I am sure RJ would confirm defendants can be very aggressive about putting everyone they can on verdict form.

Louisiana's Pure Comparative Fault System, La. C.C. art. 2323, and Liability as Solidary or Joint and Divisible, La. C.C. art. 2324 - Louisiana Injury Lawyer Blog