COMPARING AND CONTRASTING ILLINOIS’S APPROACH WITH THE UCFA’S APPROACH

Suppose an incident in which P suffers a total loss of $84,000, involving P and three defendants, D1, D2, & D3. D2 is either not joined in the action or is invsolvent. The case goes to trial, and the jury allocates responsibility as follows:

P 1/10

D12/10 (We could do this as percentages, but I think

D2 3/10 that ends up making it harder to visualize.)

D3 4/10

share is obviously the “missing money” (MM), and it equals 3/10 of the total: $25,200.The question is how a court following the Illinois approach would allocate the missing money and how a court following the UCFA approach would allocate the missing money.

D1 2/10

$16,800D3

4/10 $33,600

$84,000

D2 3/10

$25,200

P 1/10 $8,400

Illinois’sapproach

D1 2/10

$16,800D3

4/10 $33,600

$84,000

D2 3/10

$25,200

P 1/10$8,400

Illinois’sapproach

D1 2/10

$16,800D3

4/10 $33,600

$84,000

D2 3/10

$25,200

P 1/10 $8,400

Illinois’sapproach

D1 = 2/10D3 = 4/10How should they divide the missing money proportionally to their respective fault?

6/10

D1 = 2/10D3 = 4/10

D1: 2/10 ÷ 6/10 = 1/3

6/10

D1 = 2/10D3 = 4/10

D1: 2/10 ÷ 6/10 = 1/3D3: 4/10 ÷ 60% = 2/3

D3 is twice as much at fault as D1;

D3 should pay twice as much of the missing money as D1

6/10

D1 2/10

$16,800D3

4/10$33,600

$84,000

D2 3/10

$25,200

P 1/10 $8,400

Illinois’sapproach

D1: 2/10 ÷ 6/10 = 1/3D3: 4/10 ÷ 6/10 = 2/3MM = $25,2001/3 * MM = D1’s share = $8,400

D1: 2/10 ÷ 6/10 = 1/3D3: 4/10 ÷ 6/10 = 2/3MM = $25,2001/3 * MM = D1’s share of MM = $8,400D1’s Total = $16,800 (D1’s original share) + $8,400 = $25,200

D1: 2/10 ÷ 6/10 = 1/3D3: 4/10 ÷ 6/10 = 2/3MM = $25,2002/3 * MM = D3’s share = $16,800

D3’s Total = $33,600 (D3’s original share) + $16,800 = $50,400

Illinois’sapproach

P 1/10$8,400

$84,000

D1 3/10

$25,200D3

6/10$50,400

D1 2/10

$16,800D3

4/10$33,600

$84,000

D2 3/10

$25,200

P 1/10$8,400

UCFA’sapproach

P = 1/10D1 = 2/10D3 = 4/10How should they divide the missing money proportionally to their respective fault?

7/10

P = 1/10D1 = 2/10D3 = 4/10P: 1/10 ÷ 7/10 = 1/7D1: 2/10 ÷ 7/10 = 2/7D3: 4/10 ÷ 7/10 = 4/7

7/10

MM = $25,200P: 1/7 * MM = $3,600D1: 2/7 * MM = $7,200D3: 4/7 * MM = $14,400

P: 1/7 * MM = $3,600 + $8,400 (P’s original share) = $12,000D1: 2/7 * MM = $7,200 + $16,800 (D1’s original share) = $24,000D3: 4/7 * MM = $14,400 + $33,600 (D3’s original share) = $48,000

123

P 1/7 $12,000

D1 2/7

$24,000

D3 4/7

$48,000

$84,000

UCFA’sapproach

Illinois’sapproach

P 1/10

$8,400$84,000

D1 3/10

$25,200D3

6/10

$50,400