Let us assume that the percentage of poor in the population is 80 per cent and that the proportion of poor and rich tortfeasors
corresponds to the proportion of rich and poor in society.
115) "The Town asserted, as an affirmative defense, that its liability for any noneconomic losses should be apportioned among the other tortfeasors
pursuant to CPLR [section 1602(2)(iv)]," while the plaintiffs argued that CPLR section 1602(2)(iv) precluded apportionment.
Today this doctrine is applied to allow tort victims to recover damages from defendants (like the psychiatrist, or the disk jockey, or the car owner who forgot to lock his doors) who are in no way joint tortfeasors
, but who had the bad luck to be wealthy or insured.
1980), explicitly cited Brown as holding that "the concept of joint and several liability between joint tortfeasors
which previously existed in this State no longer applies in comparative negligence actions.
9 [begin strikethrough]JOINT LIABILITY OF JOINT TORTFEASORS
[end strikethrough] LIABILITY OF MULTIPLE TORTFEASORS
Reimbursement for this care from tortfeasors
and their insurers is authorized under the Federal Medical Claims Recovery Act (FMCRA).
Even if two seemingly independent tortious acts do not "precisely coincide in time," the actors can reasonably be considered to be joint tortfeasors
if the sequence of their tortious acts produces a single injury.
But how, short of filing suit, one audience member asked, can you determine whether a tortfeasor
is uninsured or underinsured so as to be able to invoke the UM or UIM provisions of your injured client's policy?
But the structure that emerges, in which the property, tort, and contract systems have defined spheres and interact in simple ways, has the indirect effect of making simple the incentives facing potential tortfeasors
and making clear the baseline from which people contract.
In a comprehensive opinion, Judge Bergan analyzed the theory of active-passive negligence that precluded contribution among joint tortfeasors
and determined that that method of apportionment no longer served the interests of society.
This paper considers the current law with regards to employee tortfeasors
and the triggering of vicarious liability.
This is particularly so when our existing law of comparative contribution among joint tortfeasors
is adequate to address issues of liability among physicians and drug companies in those cases where patients sue for injuries related to the use of prescription drugs.