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
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.
23) Therefore, Hogan's doctrinal response: if two defendants were joint tortfeasors
, they were liable; if several concurrent tortfeasors, they were all on the hook.
63) Accordingly, the defendants were correctly deemed to be joint tortfeasors
for purposes of CPLR 1601(1).
traditional joint tortfeasor
rule of copyright law.
apportionment of damages between joint tortfeasors
Ralph Slovenko warned psychiatrists about increased legal liability as joint tortfeasors
("Are You a Joint Tortfeasor
116) The court in Faragiano held that the "plaintiffs [could] not rely on CPLR [section] 1602(2)(iv) to preclude the Town from seeking apportionment between itself and other joint tortfeasors
for whose liability it was not answerable.
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.
Moreover, where such firms can generate liability without the presence of contract creditors to control their behavior, other actors (such as potential joint tortfeasors
and government licensing agencies) may limit judgment proofing.
Unlike joint tortfeasors
whose "conduct combines to produce a single injury," (49) initial and subsequent tortfeasors produce separate and distinct injuries.
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.