Judgment gives the plaintiff the opportunity to

How to Calculate Recovery get full damages from one party, and let the
parties figure out between themselves how to
Judgment is full amount either one of repay
Depending on Fault rules them (but not both) can be liable for, Jury
decides how much is "equaitable share"
Basic Fact pattern: meaning what he actually has to pay

Plaintiff Injuries: Joint & Several Liability

Judgment Judgment Plaintiff can only collect up to 100% of the
damages, so they can't both pay the full
A: 100,000 B: 100,000
Economic 50,000 judgment

Non economic
A's equitable B's equitable If A/B overpays, contribution applies & they
50,000 share is 60,000 share is 40,000 can make the other defendent pay
dollars dollars

Issues may arise if one of them is unable to

Judgment Judgment pay (insolvent)
Several Liability A: 60,000 B: 40,000
Defendent
No possiability to overpay
Respective fault:
Only needs to Only need to pay
A: 60% B: 40% pay for his for his
percentage percentage If one of the parties are insolvent (can't pay)
then that falls on the plaintiff NOT the
other party
Joint and Several for
economic loss but
A B
Several for Non
economic loss Equtable share will be the percentage of
Economic loss
Split up the lossess and J&S: Full Amount
J&S: 50,000 J&S: 50,000
apply the different rules for Possiable for Econ loss
each!
Severeral: Percentage of Sev: 30,000 Sev: 20,000
Fault for Non-Econ

Joint and Several if more

A B
than 50% responsible,
(60%) (40%)
Several up to 50%

Percentage can
change depending Judgment: 40,000
100,000
Change in facts on problem

Equitable Share:
60,000
Plaintiff Injuries:
Joint and Several Several
Economic 50,000
Non economic
50,000 Joint & Several w/
A P
Reapportionment

Defendent Parties divide Equitable Share:

30,000
Respective fault: uncollectable share
depending on % of +
30k based on
fault + 20,000
fault 20,000
(50% of B's
(50% B's share)
Fault) = 50,000
A: 30% B: 40% =
500,000

Plaintiff is: 30%

Join & Several W/ Reapportionment Why 50%? Beacuse A Create a ration by

B is Insolvent has the same fault % simplyfying, adding,
= Parties own Equitable share + % of as plaintiff so you split
fault compared to other paying party it in half
and creating the ratio
 Approtionment and
Settlement Approtionment with Joint and
Approtionment basics
Several Liabilty

When mutliple parties conduct a tort, how do Key Questions

we divide responsibility for damages? (2) on what basis
Approtionment addresses this problem in two percentage
forms: (1) Which types of conduct and apportionment are made
which types of actors can be
part of the apportionment
Fault or percentage Rule of Law: Joint and
Casual responsibility several liability cannot
Approtionment based impose liability on a
approtionment (3) in what circumstances defendant who is not
exceptions to the several otherwise liable (@
liability rule are called for Rhinehart)
When a plaintiff has
When two or more suffered a single
tortfeasors cause indivisable injury at
divisable harms to the hands of two or
the plaintiff, most The Rule of Join and Several Liability may
more tortfeasors apply in four distict situtations
authorities agree and loss cannot be
that casual reasonably
apportionment allocated by casual (1) applies to true joint tort, those in which A
should be measures between and B act in together in an unlawful act
employed the two.

(2) when A and B did not agree to commit

Beacuse both the tort together but the acts of A and B
defendants are produce a single indivisable injury
factual causes of
the plaintiff's single
injury and no (3) applies in part when A's negligence not
casual only creates a harm to the plaintiff, but also
approtionment of creaters a risk of further harm by reason of
the injury is B's negligence
possible, a jury will
be asked to
(4) An employer is laible for the tort of an
approtion liabilty
employee commited in the scope of
by assigning a
employment, the employee is also liable for
percentage of fault
his own tort
to each defendant

Joint and Several: the

defendent is liable for the
Rules vary with how states
indivisable injury
approach approtionment of
liabilty
In other types of
apportionment liability
0 sd recognized five alternative
arrangments, the fact that the
tracks: (1) joint and several
plaintiff suffered an indivisable
liability (2) several liability (3)
injury remains signficant
joint and several liability with
beacuse the defendant's
reallocation (4) hybrid liability
percentage of liability is
based on threshold (5) hybrid
measured as a portion of the
liability based on the type of
total of plaintiff's indivisible
damages
injury damages