You and a friend go out West for a week’s vacation. While there, you decide to take in the local scenery by going on a trail ride through the desert. The ostentatious resort where you are staying sponsors these rides, which are designed for “dudes” such as yourself. It is advertised as a peaceful, scenic ride that allows you to enjoy the panoramic vistas of the desert. When you arrive at the stable, you tell the trail hands, Tex and Rex, of your ignorance about horses. Tex and Rex, engaging in a little cowboy humor, put you on Molly, a mare noted for her impulsive urges to return to her stablemates without giving any notice to her rider. Unfortunately, Molly succumbs to this urge while you are a passenger. She dumps you unceremoniously on the rocky ground, never demonstrating the least bit of remorse as she gallops back to the stable.
You suffer several broken bones and a concussion as a result of this little adventure and decide to sue Tex and Rex, the stable that employed them, and the resort that promoted the trail ride. Assume you are able to prove liability on behalf of all the defendants.
Can you elect to recover your damages from the resort only, even though Tex and Rex were primarily responsible for your injuries? Can the resort then turn around and seek reimbursement from Tex and Rex? If Tex comes to you and says that the whole scheme was Rex’s idea, can you agree to absolve Tex from all liability in exchange for securing his testimony against Rex? What additional information would you need, if any, to fully answer these questions?