Legal Definitions - melioribus damnis

Melioribus damnis is a Latin legal principle that translates to "for the better damages" or "for the more advantageous damages." It applies in situations where a single injury or wrong has been committed by multiple parties, and a court or jury awards different amounts of compensation (damages) against each of those parties.

Under this principle, the injured party (the plaintiff) has the right to choose which of these judgments to enforce, typically opting for the one that provides the highest amount of compensation. The plaintiff can only recover the total amount of their actual damages once, but they can select the judgment that offers the most favorable recovery from among the multiple awards.

Here are some examples illustrating melioribus damnis:

• Imagine a scenario where a pedestrian is injured by a delivery truck. The pedestrian sues both the truck driver for negligent driving and the trucking company for negligent hiring and supervision. During the trial, the jury finds both the driver and the company liable for the pedestrian's injuries. However, the jury awards $75,000 in damages against the driver and $150,000 in damages against the trucking company (perhaps due to the company's deeper pockets or more egregious negligence). Under melioribus damnis, the injured pedestrian would elect to enforce the $150,000 judgment against the trucking company, as it represents the more advantageous recovery for the same injury.

• Consider a case where a customer suffers food poisoning after eating at a restaurant. The customer sues the restaurant owner for unsanitary conditions and also the food supplier for providing contaminated ingredients. A jury determines that both are responsible for the customer's illness. The jury awards $20,000 against the restaurant owner and $45,000 against the food supplier. The customer, applying the principle of melioribus damnis, would choose to collect the $45,000 awarded against the food supplier, as this is the higher and more beneficial amount to cover their medical bills and suffering.

• Suppose an author's work is plagiarized and published without permission. The author sues both the individual who committed the plagiarism and the publishing house that printed the book. A court finds both liable for copyright infringement. The judgment awards $50,000 against the individual plagiarist and $100,000 against the publishing house (which might have greater financial resources or a broader impact from the infringement). The author, utilizing the principle of melioribus damnis, would pursue the $100,000 judgment against the publishing house to maximize their compensation for the harm caused to their intellectual property.