In the CPLR Art. 16 context, when a tortfeasor is not more than 50% at fault and non-economic damages exist, the defendant pays only his own share. This describes:

In the CPLR Art. 16 context, when a tortfeasor is not more than 50% at fault and non-economic damages exist, the defendant pays only his own share. This describes:

• A. Liability is joint and several
• B. Liability is allocated by fault, each tortfeasor pays only their share
• C. Plaintiff bears all damages
• D. Damages are capped at 50%

Answer: (B)

Under CPLR Article 16, damages in cases with multiple tortfeasors are allocated by each party’s share of fault. When a defendant’s fault is 50% or less and non-economic damages are involved, that defendant pays only his own share of those non-economic damages. This reflects pure comparative negligence: the plaintiff can recover from each at-fault party only the portion corresponding to that party’s degree of fault, rather than having one defendant pay the whole amount. So the situation described is exactly that: liability is allocated by fault, with each tortfeasor paying only their own share. This differs from joint and several liability, which would allow the plaintiff to collect the full amount from a single defendant regardless of that defendant’s percentage of fault (not how this rule operates for parties at or below the 50% fault threshold). The idea that the plaintiff bears all damages or that damages are capped at 50% doesn’t fit the Article 16 framework either.

Under CPLR Article 16, damages in cases with multiple tortfeasors are allocated by each party’s share of fault. When a defendant’s fault is 50% or less and non-economic damages are involved, that defendant pays only his own share of those non-economic damages. This reflects pure comparative negligence: the plaintiff can recover from each at-fault party only the portion corresponding to that party’s degree of fault, rather than having one defendant pay the whole amount.

So the situation described is exactly that: liability is allocated by fault, with each tortfeasor paying only their own share. This differs from joint and several liability, which would allow the plaintiff to collect the full amount from a single defendant regardless of that defendant’s percentage of fault (not how this rule operates for parties at or below the 50% fault threshold). The idea that the plaintiff bears all damages or that damages are capped at 50% doesn’t fit the Article 16 framework either.