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.
traditional
joint tortfeasor rule of copyright law.
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 .
