Supreme Court of Connecticut

Connecticut Interlocal Risk Management Agency v. Jackson

September 17, 2019333 Conn. 206

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 the plaintiff proves that all defendants acted negligently, all possible tortfeasors have been joined, and their substantially simultaneous conduct created the same risk of harm. Because those conditions were supported by the record, the court reversed summary judgment and remanded for further proceedings.