B. Joint & Several Liability

Question 1

What contribution may joint tortfeasors (D) recover from actions/judgment brought against them?*

Answer 1

1) Either;
- Personal injury
- Property damage
- Wrongful death

2) Recover paid excess over equitable share of judgment recovered by P (joint and several liability)
- E.g. D1 is 70% liable + D2 is 30% liable => P recovers 100% from D1 => D1 may recover 30% from D2

Question 2

What type of action may allow D to assert contribution?*

Answer 2

Separate action

Pending action

• Cross-claim
• Counterclaim
• TP claim

Question 3

What is the time limit for D to claim contribution?*

Answer 3

Within 6 years from date of payment

Question 4

When is Employer liable to provide compensation towards Employees?

Answer 4

1) Employee’s disability/death
2) From injuries arising out of/in course of employment

(Even if Employer/Employee was NOT negligent)

Question 5

When is Employer liable to provide contribution towards TPs?*

Answer 5

1) Employee sustained ‘grave injury’ to TP
- Death
- Permanent loss of use/amputation of arm/leg/hand/foot
- Loss of multiple fingers/toes
- Paraplegia/Quadriplegia
- Permanent blindness/deafness
- Loss of nose/ear
- Permanent facial disfigurement
- Brain injury (caused by external physical force) => Permanent disability

2) Within scope of own employment

Question 6

What contribution may injured party (P) recover from joint tortfeasors (D) for injury/wrongful death if release is given to one of them?*

Answer 6

P’s claim is reduced by whichever is GREATER of!!!;

• Released amount!!!
• Consideration paid for release!!!
• Released D’s equitable share of damages!!!

Example

• P obtains judgment vs Ds for $100,000
• D1 is 40% liable
• D2 is 60% liable
• D1 is released for $20,000
• P’s recovery will be reduced by 40% (D1’s liability > D1’s released amount)

NO relief for common law/contract indemnities

Question 7

What are released D’s rights?

Answer 7

• Relieved of liability of contribution from other tortfeasors
• Waives right to claim contribution from other tortfeasors

Question 8

What is the rule for joint and several liability towards non-economic losses?*

Answer 8

If D’s liability (X%) < 50% => D is ONLY severally liable for P’s non-economic loss to X%;

• Pain + suffering
• Mental anguish
• Loss of consortium

BUT D remains FULLY liable for P’s economic losses;

• Medical expenses
• Wages

Example

• P obtains judgment for $50,000 non-economic loss
• D1 is only liable for 10% (10% < 50%)
• D2 is only liable for 30% (30% < 50%)
• D3 is fully liable for 100% (60% > 50%)
• If D3 is insolvent => P can NOT recover 100% from D1 + D2 (only liable for actual liability amount)

Question 9

Is D who is NOT party to the action liable for culpable conduct?

Answer 9

If P can NOT obtain jurisdiction over D with due diligence => D is NOT liable

Question 10

What are the exceptions for joint and several liability towards non-economic losses?*

Answer 10

Tortfeasors liable for violating non-delegable duty

Tortfeasors liable for actions requiring proof of intent

• Fraud
• Assault

Owner liable for motor vehicle

• Ownership
• Use
• Operation

Manufacturer liable for strict product liability

Worker liable for ‘grave injury’

Persons liable for injury due to releasing hazardous substance into the environment