Legal Definitions - de melioribus damnis

de melioribus damnis

This Latin phrase translates to "of the better damages." It describes a specific legal principle that applies in civil lawsuits when a jury makes a particular type of error in awarding compensation.

Specifically, if a plaintiff sues multiple defendants for a single, shared wrong (known as a "joint tort"), and the jury mistakenly assigns separate, different amounts of damages to each defendant, the plaintiff has a choice. Instead of trying to enforce multiple, potentially inconsistent judgments, the plaintiff can elect to accept the judgment for the highest amount of damages awarded against any one of the defendants. Once this choice is made, the plaintiff typically drops the claims against the other defendants, effectively consolidating the recovery into the single, largest award.

• Example 1: Joint Negligence in a Construction Accident

  Imagine a construction worker, Sarah, is injured due to a collapse caused by faulty scaffolding. She sues both the scaffolding supplier (Company A) and the construction company (Company B), arguing they are jointly responsible for her injuries. During the trial, the jury finds both companies liable but mistakenly awards $150,000 against Company A and $200,000 against Company B for Sarah's single set of injuries.

  How it illustrates the term: Under the principle of de melioribus damnis, Sarah can choose to accept the higher award of $200,000 against Company B. She would then drop her claim for the $150,000 against Company A, ensuring she receives the maximum compensation the jury intended for her single injury, despite their error in allocating separate amounts.

• Example 2: Defective Product Liability

  A consumer, Mark, suffers severe burns from a household appliance that malfunctions. He sues both the manufacturer of the appliance (Manufacturer X) and the retailer who sold it (Retailer Y), claiming they are jointly responsible for the defective product reaching him. The jury finds both Manufacturer X and Retailer Y liable but, by mistake, awards $500,000 against Manufacturer X and $650,000 against Retailer Y for Mark's injuries.

  How it illustrates the term: Mark can invoke de melioribus damnis to elect the $650,000 judgment against Retailer Y. This allows him to pursue the single, highest damage award for his injuries, rather than attempting to collect two different amounts from the jointly responsible parties or dealing with the jury's erroneous separate awards.

• Example 3: Environmental Contamination

  A group of homeowners, represented by a plaintiff association, sues two chemical plants (Plant Alpha and Plant Beta) for jointly contaminating their local water supply, causing widespread health issues. The jury determines both plants are equally responsible for the single environmental harm but mistakenly awards $10 million in damages against Plant Alpha and $12 million against Plant Beta.

  How it illustrates the term: The plaintiff association can apply de melioribus damnis by choosing to enforce the $12 million judgment against Plant Beta. This decision allows the community to recover the largest amount of compensation for the single, shared harm caused by the jointly liable polluters, simplifying the collection process and resolving the jury's inconsistent awards.