Joint & Several Liability

Question 1

Joint Tortfeasor

Answer 1

Two or more individuals with joint and several liability in a tort action for the same injury to the same person or property

Question 2

Joint Liability or Pure Joint and Several Liability

Answer 2

Can collect from one or all the involved parties until the judgment is paid in full.

Question 3

Pure Several Liability

Answer 3

1) Each defendant is only liable for the assigned portions based on %.
2) Plaintiff may not be able to fully recover
3) Burden is on plaintiff to provide a defendant is responsible.

Question 4

Modified Joint and Several Liability

Answer 4

1) Generally only required a defendant to be responsibility for the entire verdict if found a certain % liable. Ex. 50% or 60%.
2) A plaintiff could be required to pay 100% of the special damages but only a % off if another party is found to also be responsible.

Question 5

Releases - Pro Tanto

Answer 5

Release discharges the liability of the settling tortfeasor only.
It reduces the liability of the non-settling tort by the amount paid
Dollar for dollar credit
Example: 1st defendant settles for $10K, a jury awards $100K finding each of the 2 defendants equally liable. The remaining pays the remaining $90K.

Question 6

Release - Pro Rata

Answer 6

Releases the liability by the percentage of liability

Example: The first defendant settles for $10K, jury awards $100K finding each defendant equally liable, the remaining defendant receives a 50% credit for the first defendant’s settlement. Thereby only owing $50K.