Multiple Defendant Issues

Question 1

Joint and several liability

Answer 1

When two or more negligent acts cause an indivisible injury, each defendant is held joint and severally liable to the plaintiff for the entire damage incurred
-P can recover full damages from whichever D he chooses

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

Question 2

Contribution

Answer 2

Determines how joint tortfeasors apportion responsibility of damages
-NOT allowed for intentional torts

Question 3

Comparative contribution (MBE default)

Answer 3

Contribution is proportional to the relative fault as determined by the jury
-i.e., jury defendants A was 30% at fault and B was 70% at fault, then they respectively pay 30% and 70% of the damages
-Supersedes indemnification rules

Question 4

Joint and several liability in comparative contribution jurisdiction

Answer 4

1. Plaintiff recovers all damages from any defendant
2. Defendant that paid all damages seeks contribution from co-defendants based jury’s determination of portion of attributed fault

Question 5

Indemnification (“to be held harmless”)

Answer 5

Shifts the entire loss among tortfeasors

Indemnity is available in:
1. Vicarious liability situations
2. Strict products liability cases for retailers

Question 6

Loss of consortium

Answer 6

Claim by spouse of injured party, separate of the injured party’s claim (derivative), for defendant’s intentional or negligent conduct
-Also available for parent on behalf of injured child
-Defendant can use same available affirmative defenses

Loss of consortium: loss of household services, companionship, or sex