Alice Ann Staab v. Diocese of St. Cloud

Today a blameless plaintiff, who was thrown out of her wheelchair onto a cement sidewalk, is denied a remedy for half of the damages she suffered. Today the solvent tortfeasor, whose negligence caused the plaintiff to be thrown onto the cement sidewalk, benefits. This result violates the plain words of the law, judicially amends what the Legislature did not, and ignores our long-standing rule that statutes in derogation of the common law must be strictly construed. So I respectfully dissent.

I

Minnesota has followed the common law rule of joint and several liability since at least 1888. See…