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Ravo v. Rogatnick | 514 N.E.2d 1104 (1987)

If two or more people cause a single injury, how does the law apportion liability? Two doctors cause a child’s permanent brain damage in Rago versus Rogatnick.

Josephine Ravo suffered severe and permanent brain damage at birth.

Ravo sued Sol Rogatnick, the delivering pediatrician, and Irwin Harris, the pediatrician who treated Ravo following the delivery. At trial, Ravo showed that Rogatnick failed to ascertain pertinent information about Ravo’s mother, incorrectly estimated Ravo’s size, and employed improper surgical procedures. Ravo also showed that Harris misdiagnosed and improperly treated her condition. There was no evidence showing what part of Ravo’s brain damage was caused by Rogatnick’s actions, and what part was caused by Harris’s actions. The trial court ruled in Ravo’s favor, and the jury decided that Rogatnick bore 80 percent of the responsibility, while Harris bore 20 percent. Ultimately, Rogatnick and Harris were found jointly and severally liable for $2,750,000 in damages. Harris filed a post-trial motion to have the damages against him limited to 20 percent of the total award. The court denied Harris’s motion, and the Appellate Division affirmed. Harris appealed to the New York Court of Appeals.

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