What contribution may joint tortfeasors (D) recover from actions/judgment brought against them?*
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
What type of action may allow D to assert contribution?*
Separate action
Pending action
- Cross-claim
- Counterclaim
- TP claim
What is the time limit for D to claim contribution?*
Within 6 years from date of payment
When is Employer liable to provide compensation towards Employees?
1) Employee’s disability/death
2) From injuries arising out of/in course of employment
(Even if Employer/Employee was NOT negligent)
When is Employer liable to provide contribution towards TPs?*
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
What contribution may injured party (P) recover from joint tortfeasors (D) for injury/wrongful death if release is given to one of them?*
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
What are released D’s rights?
- Relieved of liability of contribution from other tortfeasors
- Waives right to claim contribution from other tortfeasors
What is the rule for joint and several liability towards non-economic losses?*
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)
Is D who is NOT party to the action liable for culpable conduct?
If P can NOT obtain jurisdiction over D with due diligence => D is NOT liable
What are the exceptions for joint and several liability towards non-economic losses?*
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
