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Claims and defenses can be pled in the alternative, as you have learned
this week. For example, if there are two people in the car that hits
Polly Plaintiff, and she is unaware of who was driving the car that
struck her, she may bring negligence claims against both individuals.
Alternatively, if Polly was hit, but unaware if the driver intentionally
hit her or if it was an accident, she might bring alternative theories
of negligence and intentional infliction of emotional distress. Why is
alternative pleading permitted? Do you agree with permitting alternative
pleading? Why or why not? What ethical concerns need to be considered
when pleading in the alternative?
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