Well I think that is in cases of shared negligence. But if you can’t prove causation, there’s no negligence in common law. Judges who rule otherwise are unjust unless there is an unjust statutory law in that particular state allowing for such nonsense, but I doubt the majority of people in very many states would go along with such a law.
I'm just saying that people sue people or entities who have lots of money.
And filing a lawsuit is not predicated on having a winnable case.