Fugere v. Pierce
Court of Appeals of Washington
490 P.2d 132 (1971)
Shila Fugere (plaintiff) was struck by an oncoming car driven by Lopez, then seconds later struck again by a car driven by Oscar Pierce (defendant), who had been following behind her; the two impacts together caused a lacerated liver and other injuries. At trial, Fugere and her passenger testified Pierce's impact was the more forceful of the two. The trial court instructed the jury that Pierce was not liable for any injuries caused by the earlier, separate negligence of Lopez, and the jury awarded Fugere only $2,500; Fugere appealed, arguing the instruction wrongly forced the jury to apportion her damages between the two drivers.
Whether, when a plaintiff is harmed by two or more tortfeasors in close succession, the defendant tortfeasors bear the burden of proving that the plaintiff's damages can be apportioned between them.