Fact Pattern 9-2
Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution. He was involved in a very unfortunate motor vehicle accident. Tony hit Blake's new Mercedes in the rear just as Cathy crossed the center line and sideswiped him. Blake's car was severely damaged, and Blake suffered from whiplash for a few weeks. Blake sued both Tony and Cathy. It was determined at trial that both Tony and Cathy were negligent, that Blake was not negligent, that Tony was 60% responsible for Blake's injuries, that Cathy was 40% responsible for Blake's injuries, and that Blake's total damages were $100,000.
-Refer to Fact Pattern 9-2.Assume Tony or his insurer pays the entire amount and then attempts to recoup amounts from Cathy.Could Cathy be held liable for any amounts?

Question

Quizplus · Accepted Answer

In a jurisdiction that applies joint and several liability along with the doctrine of contribution, each tortfeasor is responsible for paying the entire judgment, but they can seek contributions from the other tortfeasors. In this case, because both Tony and Cathy were found to be negligent and responsible for Blake's injuries, Tony or his insurer could seek to recoup some of the damages from Cathy, based on her proportional share of fault. This is known as a contribution theory. Therefore, option A is correct. Option B is incorrect because indemnification would only apply if one tortfeasor was solely responsible for the damages, which is not the case here. Option C and D are incorrect because as explained above, Cathy could be held liable for her proportional share.

Fact Pattern 9-2 Blake Lives in a Jurisdiction That Applies Joint and Several