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Civil Litigation Discussion, assignment help
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?