Multi-Defendant Issues

Question 1

Mita sues Phil and Joe, joint tortfeasors. After finding they are both liable, Mita releases Phil from liability because of his lovely dimples and quick wit. Is Joe also released?

Answer 1

No. As a rule, other tortfeasors are not released unless expressly done so.
(I think Mita wants to fuck you, Phil)

Question 2

What does jointly and severally liable mean?

Answer 2

It means that multiple acts from different defendants caused an indivisible injury, and each defendant will be potentially be hel for the entire judgment.
Note: Assume joint tortfeasors are jointly and severally liable unless told otherwise.

Question 3

What happens if the court finds multiple defendants’ contribution to the injury more or less equal?

Answer 3

Where Defendants are more or less equally responsible, they will ultimately share the judgment equally.

Question 4

Joe and Phil are equally responsible for causing Mita harm. Mita recovers the full judgment from Joe. Can Joe recover?

Answer 4

Yes, Joe can recover half the amount from Phil.

Note: not applicable to intentional tort.s

Question 5

When can you recover via indemnification from the other Defendant?

Answer 5

1. If the other D is a LOT more responsible
2. Vicarious liability
3. Indemnification in products cases-up the chain

Question 6

What can you recover in a Comparative contribution state?

Answer 6

The amount according to “relative fault.” This standard effectively eliminates traditional contribution and the first ground for indemnification.

Question 7

What advantages do you have as a P bringing a survival or wrongful death claim?

Answer 7

None. These are derivative recoveries, meaning you will stand in no better position than the decedent would have stood bringing the same suit.

Question 8

Which tort immunities still exist?

Answer 8

Only governmental immunity for governmental functions, NOT proprietary functions.
Note: intra-family and charitable immunities are no longer applicable!.