Connecticut Interlocal Risk Management Agency v. Jackson

Summary

The court adopted the alternative liability doctrine as a limited exception to the ordinary requirement that a negligence plaintiff identify which defendant caused the injury. The doctrine shifts the causation burden to defendants when all acted negligently, all possible tortfeasors are joined, and their substantially simultaneous conduct created the same risk of harm; those conditions were met here. The court held that the doctrine is compatible with comparative apportionment and applies retroactively to this pending case, so it reversed summary judgment and remanded.