Joint Tortfeasor

Joint Tortfeasor

Two or more individuals with joint and several liability in a tort action for the same injury to the same person or property.

To be considered joint tortfeasors, the parties must act together in committing the wrong, or their acts, if independent of each other, must unite in causing a single injury. All who actively participate in the commission of a civil wrong are joint tortfeasors. Persons responsible for separate acts of Negligence that combine in causing an injury are joint tortfeasors. The plaintiff has the option of suing one or more of the tortfeasors, either individually or as a group.

If the plaintiff is awarded damages, each joint tortfeasor is responsible for paying a portion of the damages, based on the percentage of the injury caused by his or her negligent act. The defendant who pays more than his or her share of the damages, or who pays more than he or she is at fault for, may bring an action to recover from the other culpable defendants under the principle of contribution.

References in periodicals archive ?
Payne, Release of one joint tortfeasor as discharging liability of others under Uniform Contribution Among Tortfeasors Act and other statutes expressly governing effect of release, 6 A.
Editor's Note: Physicians should exercise due care whenever having any work done in their offices, lest a cause of action arise against them, whether as a joint tortfeasor or otherwise.
indicating that each joint tortfeasor is liable for plaintiffs entire
Instead, the court based its ruling on the conclusion that a tortfeasor who caused the initial accident was not a joint tortfeasor with the manufacturer who was being charged with enhancing an injury due to the crashworthiness defect.
Accordingly, while a joint tortfeasor jointly and severally liable for more than 50% of total liability may still be required to pay the entirety of a judgment, the joint tortfeasor that is assessed 50% or less of the total liability may only be required to pay damages toward satisfaction of a judgment for non-economic loss to the extent of its own equitable share.
Ralph Slovenko warned psychiatrists about increased legal liability as joint tortfeasors ("Are You a Joint Tortfeasor?
84) "Prior to the [enactment of Article 16,] a joint tortfeasor could be held liable for an entire judgment, regardless of the relative share of culpability.
Such joint tortfeasors understand their vulnerability, and they are likely to insist that every potential joint tortfeasor have insurance or sufficient assets to meet his or her responsibility.
Articles he has authored include: "Event Sponsorship Liability,"; "Federal Preemption and State Failure to Warn Claims,"; "The Admissibility at Trial of the Settlement of a Joint Tortfeasor,", "The Role of Defense Counsel in the Tripartite Relationship,", "The Collateral Effects of a Corporate Guilty Finding," presented at the Defense Research Institute (DRI) Drug & Medical Device seminar in Toronto, Canada in 1994, The Tripartite Relationship: A Guidebook for Defense Lawyers, 1995,"The Role of the Company Witness," 1999.
14) The court, however, specifically noted that it was not attempting to answer the question of whether an automobile manufacturer in a crashworthiness case is a joint tortfeasor with the person that causes the primary collision, or whether a defense of comparative negligence would be appropriate in such cases.
Maloney executed a joint tortfeasor release surrendering all claims "in any way connected with all medical professional health care services rendered by the .

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