400
when 3 gunman are shooting, one is shot, only one bullet lands in a one's eye, it is clear that only one person's negligence was the actual cause, cannot tell whose bullet landed there, but neither was innocent because both breached duty and both negligent, the only element at issue is who actually caused the injury, so court held both joint tortfeasors. What has happened to the proving of CAUSATION?
What is The burden of proof has shifted onto the joint tortfeasors? Now each D must exculpate himself or if not, both liable jointly. Deterrence, more fair to innocent plaintiff, both came with dirty hands, every harm has a right (reminds me of conspiracy of silence /RIL)