Two persons at the time of the crash

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Reference no: EM133856139

Question

Erin's vehicle held two persons at the time of the crash: Erin and Travis. Both were thrown from the car by the collision. Ben believes that Erin was the driver, but he is not certain. He, therefore, wants to sue both Travis and Erin as the driver. May Ben do so? No. These allegations are inconsistent and so they both cannot be filed in good faith. No. The rules allow a party to plead in the alternative, but they do not allow factually inconsistent claims. Yes, but Ben will have to elect whether to proceed against Erin or Travis before the case goes to the jury. Yes, pleading in the alternative is proper under these circumstances.

Reference no: EM133856139

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