Joint Tortfeasors --> Who pays?

Question 1

Joint & Several Liability

JSL Jurisdiction Rule

Answer 1

Each or one tortfeasor is responsible for the full 100% amount of damages but plaintiff cannot over collect the set awarded damages amount

 Plaintiff can decide to sue however many tortfeasors they want

and D’s are entitled to one satisfaction

Question 2

JSL

when one D is sued but all other D’s need to be included in the lawsuit,,

Answer 2

If only one was sued while others were responsible then that tortfeasor could implead (file a third party complaint bringing someone else into action)

Question 3

JSL rule

where one of the D’s isn’t available to be sued but the other D is present in the law suit….

Answer 3

The risk of an immune, bankrupt, or unknown D will fall on the
capable D in the lawsuit

Question 4

JSL

Doctrine of Contribution rule

Answer 4

When one or another D pays more than their fair share –> one of D’s can get a contribution if they are codefendants in a joint and several liability situations

Question 5

JSL Contribution rule uses what approach to calculate damages…

Answer 5

Pro Rata Approach

look at # of defendant’s responsible and split the damages evenly among all D’s

If there are 2, then each is 50% responsible

If there are 3, then each is 33% responsible

Question 6

JSL Contribution

Jury Exception to Contribution

Answer 6

If the jury assigns certain percentage of fault to each D’s –> then first D with smaller % of fault who pays P the full damages amount can seek contribution from other D with greater % fault can pay the first D the greater % of fault

Question 7

JSL Situations

what are the 3 types?

Answer 7

o 1. D’s act in concert to create joint risk
o 2. D’s failure to perform common or shared duty
o 3. OR D’s independent acts of negligence combine to create indivisible injury

Question 8

JSL Situations

on D’s acting in concert to create the joint risk

Answer 8

there must be an agreement to participate in a joint creation of the risk

don’t assume both D’s are present at the time of the injury–>makes both act in concert

Question 9

JSL Situations

D’s acting in concert to create a joint risk

more on this…

Answer 9

 Encouraging or inciting an assailant
* Agreeing to go drag racing

 Common enterprise
* Common goal acting towards a specific goal

Question 10

JSL situations

D’s independent acts of negligence combine to create the indivisible injury

Answer 10

these are not capable of apportionment for damages

Question 11

Comparative Fault (CF)

Jurisdiction rule

Answer 11

In a CF jurisdiction that does not use J&S L –> there is no right to contribution bc under comparative fault each party pays their own fair share anyway, so they’re not entitled to contribution

Question 12

CF in Florida

whats their rule?

Answer 12

FL abolished using comparative fault

• However, will still use JSL for intentional torts and for when they can’t apportion

Question 13

CF rule dealing Vicarious Liability on who exactly pays

Answer 13

jury would them treat them all as one unit when assessing percentage of fault

Question 14

Pure CF Rule

Answer 14

If we are in a pure comparative fault jurisdiction –> jury would have to apportion percentage of fault and D’s would pay according to their percentage fault

Question 15

CF Pure Rule without contribution

Answer 15

If you are in a pure comparative fault jurisdiction and only pay the percentage of the judgement the jury assigned to you –> then you as D may not seek contribution

Question 16

CF rule without jury assigning fault to D’s

Answer 16

• In cases where percentages of fault have not been assigned to the D’s by the jury –> we use the D’s pro rata share to determine each D’s fair share of the judgement

Question 17

CF rule with JSL approach

Answer 17

 If we are in a CF jurisdiction that retains J&S L –> then P and other D’s would each be responsible for the full damages amount

Question 18

CF rule with JSL approach with contribution

Answer 18

• Even though the jury has assigned percentages of fault for each D –> each D is joint and severally liable bc jurisdiction retains JSL –> thus D can seek contribution from rest of D’s when 1 D paid all damages to P

Question 19

Satisfaction

what does it mean?

Answer 19

P is paid in full by one or whoever many D’s and can no longer obtain further damages

o There’s only one full satisfaction of the judgment, any partial satisfaction has
to be credited to the remaining defendants

Question 20

CL Release rule

Answer 20

 If you release one defendant from being sued –> then you release all of them

Question 21

CL Release rule

majority rule

Answer 21

: look at express language to see who P is releasing and retaining the right to sue
* If P makes a mistake regarding the extent of their injuries and they have already released the defendant, –> then too bad
o However, P would still sue other D but the full damages amount paid by the original sued by D would be deducted from the judgement and other D would only pay smaller portion of that full damages settled

Question 22

Contribution

basic take on the rule

Answer 22

o You cannot sue to get both indemnity AND contribution

o Can sue tortfeasors in different suits but can only collect from 1 overall
satisfaction settlement

AND you can’t get contribution from another D for intentional torts!!!

Question 23

How to get contribution from another D thru civil procedure…

Answer 23

 1. Defendant impleading –> File a 3rd party complaint while in proceedings, against another contributing defendant
 2. Defendant can Implead after lawsuit is over with a separate lawsuit
 3. OR Defendants can file cross-complaints in original lawsuit

Question 24

Indemnity

where does it apply?

Answer 24

when someone is responsible based upon relationship not upon fault (vicarious liability) and they (P) is seeking compensation

Question 25

Pro Tanto Approach

when assigning % of fault to everyone

Answer 25

when everyone settles with specified amount for P –> then just subtract out one of D’s amount from the rest of the total amount

Ex hypo: Carl settles with Betty for $10,000 and suit continues against Doug. Carl’s total damages are $50,000.
 if use this –> look at number of D’s and here there are 2 D’s –> so betty settles at $10K and the doug pays the $40k