Consider the deterrent message broadcast to potential tortfeasors
when punitive damages are imposed against a deceased tortfeasor
's estate, as happens under the regime adopted by the small minority of jurisdictions eschewing the nonsurvivability rule.
The difficulty with these general releases is that they are frequently entered into without appreciation of the "all persons" language, its implications, or an intent to release all potentially liable tortfeasors
, who may be unknown or unappreciated at the time of the release.
On the one hand, the tort law principle of imputing the acts of the primary tortfeasor
to the secondarily liable party, (140) with the corollary that indirect infringers compensate the plaintiff for the harm occasioned by the direct infringers, pulls in the direction of tying indirect infringement damages to acts of direct infringement.
Long-arm jurisdiction over the tortfeasors
was possible in U.
may be encouraged to gamble on the likelihood that a
The "eggshell skull" rule famously stipulates that the tortfeasor
takes his victim as he finds him, which means in practical terms that the defendant remains liable for all injuries that he caused in a susceptible plaintiff who had preexisting vulnerabilities.
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
73) You may want to separate them based on the type of damage, the type of incident, or the type of tortfeasor
Indemnity allows potential tortfeasors
to assign liability between themselves.
28) Notwithstanding Section 79G, Massachusetts courts have long recognized the right of a plaintiff to recover reasonable expenses incurred for medical treatment of injuries caused by a defendant tortfeasor
the immediate tortfeasor
but also to the vicariously liable actor.
27) In Dole, the Court of Appeals recognized the right of a sued tortfeasor
to interpose a claim for contribution against any other potential tortfeasor
and, if necessary, to join other tortfeasors
as parties in the action.