Michael D. Green & William C. Powers

90 Texas L. Rev. See Also 41

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Professor Michael D. Green and President William C. Powers, Jr., the Co-Reporters of Restatement (Third) of Torts, describe the development of indivisible injury jurisprudence and its evolution in the Restatements. Professor Green and President Powers address Mr. Raupp’s arguments regarding the narrowing of the doctrine, but their analysis leads to a different conclusion, namely that “Apportionment in the face of evidential uncertainty is conceptually messy and does not nourish our appetite for logical ordering.  Yet our judgment is that the alternative is worse, so the law should make this accommodation, appreciating the trade-offs involved.”