Joint Tortfeasors Flashcards
Concerted Action
tortfeasors who engage in concerted action that injures P are both liable to P
Joint & severally liable after comp neg
tortfeasors will continue to be jointly & severally liable for all plaintiff’s damages even after the adoption of comparative negligence principles.
several liability
each tortfeasor shall pay only that portion of the damages that represents the percentage that tortfeasor contributed to the accident.
Satisfaction of claims
P may file as many suits against potential D’s as he chooses and may take as many to judgment as he chooses, but P may collect only one full satisfaction
Release
The release of one joint tortfeasor releases them all, but a covenant not to sue is not a release & affects the liability only of the parties to it.
Mary Carter Agreements
agreements whereby one D limits his liability by settling with P but staying in the case are VOID as against public policy even if they were disclosed to the court and the opposing party
D seeking contribution
Any joint tortfeasor who pays more than his share of the P’s
damages may seek contribution (partial reimbursement) from other joint tortfeasors.
Right of contribution is not affected by the P’s choice of D’s & may be enforced through a 3rd party claim or separate contribution actionif P doesn’t join all of the joint tortfeasors.
Immunity
Non-immune tortfeasors cannot collect contribution from
immune tortfeasors
Indemnity
entitles party to full reimbursement of costs of suit
available where one D is vicariously liable for another’s action, but not where D’s were concurrent tortfeasors
Slocum v. Donahue
Under MA contribution statute, D who has settled with P is exempt from contribution claim of nonsettling D
Bruckman v. Pena
D’s were responsible only for those injuries they caused. The BOP remained on P to establish which injuries were caused by the 1st collision, the injuries for which the D’s are responsible.
