Multiple Defendant Issues

Question 1

Joint and Several Liability

Answer 1

Where 2 or more negligent acts combine to proximately cause an indivisible injury, EACH negligent actor will be J&S liable. (liable to P for entire damage caused)

If injury is divisible, then each defendant only liable for the identifiable portion.

Question 2

Ds acting in concert

Answer 2

Each D j&S liable for entire injury whether indivisible or divisible.

Question 3

J&S Liability Statutory Limitations

Answer 3

Many states abolished joint liability based on fault where Ds judged to be less at fault than P or for all Ds regarding noneconomic damages.
Here, liability proportionate to fault of D.

Question 4

Satisfaction

Answer 4

Recovery of full payment.

Only ONE allowed.

Until satisfaction, P may proceed against all jointly liable parties.

Question 5

Release

Answer 5

Release of one tortfeasor doesn’t release others UNLESS agreement provides for that.

Question 6

Contribution

Answer 6

D who pays more than his share of damages under J&S liability has a claim against other jointly liable parties for the excess.

*NO contribution for intentional torts.

Question 7

Contribution: Methods of Apportionment

Answer 7

Comparative: most states; contribution imposed in proportion to the relative fault of various Ds

Equal Shares: minority; apportionment in equal shares regardless of degrees of fault.

Question 8

Contribution tortfeasor liability restrictions:

Answer 8

MUST be originally liable to P.

Defense that would bar liability to P, then NOT liable for contribution.

Question 9

Indemnity

Answer 9

Shifting ENTIRE loss b/w tortfeasors.

Available:
–>by K
–>in VL situations
–>under strict products liability;
–>some jurisdictions, where there’s been identifiable difference in degree of fault
(Ex: retailers who negligently rely on product’s condition may recover from manufacturer who negligently manufactured product)