The Multiplication of Indivisible Injury

Michael T. Raupp

90 Texas L. Rev. 259

PDF Document

Mr. Raupp examines tort law’s indivisible injury doctrine, starting with a discussion of its background and development.  He proceeds to explain the jury procedure for indivisible injury cases and to identify two important paradoxes that result from its use.  Mr. Raupp’s analysis leads him to conclude that the indivisible injury doctrine should apply more narrowly, prospectively restricting the problems with its current application. vHe proposes that jurisdictions implement stricter requirements for employing the indivisible injury doctrine, and that they should give judges, in addition to juries, the chance to resolve matters before using the current indivisible injury rule.