Multiple Defendant Issues

Question 1

Joint Tortfeasors

Answer 1

Joint tortfeasors consist of two or more persons who join together to
commit a tortious act. Their status is similar to that of co-conspirators in criminal law,
and each is vicariously liable for the acts done by the other in the furtherance of the
common design.

Question 2

Concurrent Tortfeasors

Answer 2

Concurrent tortfeasors consist of two or more persons who
are not acting in concert with each other but whose acts combine to produce a single
indivisible injury to the plaintiff. In some jurisdictions, joint and several liability is applied
in a pure form, holding each concurrent tortfeasor liable for the full amount of the harm.
However, a majority of jurisdictions will apportion damages by using a comparative fault
system. Vicarious liability does not apply.

Question 3

Summers v. Tice

Answer 3

Under Summers v. Tice, if there is clear evidence that two or more
parties were negligent, but only one could have caused an injury, and if it cannot be
shown which of the negligent parties caused the injury, then the burden of proof is on
each defendant to show that he did not cause the injury. Absent such evidence, the
negligent parties may be held jointly and severally liable for the damages.

Question 4

Successive Tortfeasors

Answer 4

A successive tortfeasor is one whose negligence follows an
initial injury and adds to, or aggravates, the existing injury. Under the rules of proximate
causation, if the second tortfeasor’s negligent act did not break the chain of causation
set in motion by the first tortfeasor, then the first tortfeasor can be held liable for both
acts. However, if the second tortfeasor’s negligent act did break the chain of proximate
causation, the first tortfeasor can only be held liable for his own negligence.

Question 5

Joint and Several Liability

Answer 5

Joint and several liability is imposed upon joint and
concurrent (but not successive) tortfeasors. This means that each is responsible for the
full amount of the plaintiff’s injury and the full amount of a related court judgment.
Judgments for the full amount may be obtained against any of the tortfeasors, but the
plaintiff is not entitled to recover more than the total judgment. Thus, satisfaction from
one tortfeasor will discharge the liability of the others to the plaintiff.

Question 6

Contribution

Answer 6

Contribution relates to a claim by one concurrent tortfeasor against
another concurrent tortfeasor, requesting reimbursement of the other’s proportional
share of a court judgment. It is typically used after joint and several liability has been
found and one defendant has had to pay the plaintiff more than his pro rata share of the
damages.

Question 7

Indemnity

Answer 7

Indemnity is a shifting of the liability from a defendant who is only
secondarily or vicariously liable to the party who is primarily liable. Where it applies,
indemnification allows the secondarily or vicariously liable defendant who has paid a
court judgment to obtain full reimbursement from the party who is primarily liable. Some
jurisdictions, including California, have adopted a rule of partial indemnity on the basis
of relative fault of the parties.