Louisiana Law Review Volume 49 | Number 6 July 1989 Civil Code Article 2324: A Broken Path to Limited Solidary Liability M. Kevin Queenan Repository Citation M. Kevin Queenan, Civil Code Article 2324: A Broken Path to Limited Solidary Liability, 49 La. L. Rev. (1989) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol49/iss6/4 This Comment is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact
[email protected]. COMMENTS Civil Code Article 2324: A Broken Path to Limited Solidary Liability Norman Normal decided to travel the countryside by automobile. Pete Pitiful, a speeding motorist along the same route, failed to main- tain control of his car and rammed into Norman. The collision ruptured Norman's fuel tank due to a manufacturing defect, causing an explosion and fire. Norman received substantial burns resulting in grotesque scars, particularly on his face. Unable to compromise the claim, the parties tried the matter before a jury, which assessed $1,000,000 in damages. The jury assigned sixty percent fault to Pete and forty percent fault to Manufacturer. Pete's only asset was a $10,000 automobile liability policy. Under the law as it existed prior to September 1, 1987, the legal result was clear: because Pete and Manufacturer were solidary obligors, each liable for the whole, Manufacturer owed Norman $1,000,000 less Pete's insurance coverage. In the name of tort reform, the Louisiana Legislature eliminated this certainty and possibly changed the liability of solidary obligors such as Manufacturer by amending Civil Code article 2324.1 This article will explore the potential interpretations, shortcomings, and virtues of article 2324(B).