"Our position was that the injured party should be free to accept a partial satisfaction of her claim from the initial tortfeasor
, and thereafter to pursue her claim against other tortfeasors
until she actually receives 'one full satisfaction,'" stated Meredith, of Iliff, Meredith, Wildberger & Brennan P.C.
The plaintiff collected comp benefits and sued the third-party tortfeasors
After an introduction and overview, they cover intentional torts, defenses to intentional torts, negligence, causation, defenses (and partial defenses) to negligence actions, advanced topics in negligence actions, strict liability, tort damages, wrongful death and survival, joint tortfeasors
, immunities, vicarious liability, nuisance, product liability, defamation, and privacy.
As a result, many victims of environmental torts remain unrepresented and their tortfeasors
claims brought by PRPs differently; because PRPs are joint tortfeasors
Allied Property & Casualty Insurance Co., another 2009 case, the Supreme Court of Missouri found that Allied, the insurer, was not entitled to an offset of the amount Ritchie, the insured, had collected from the tortfeasors
. (133) Ritchie suffered $1,800,000 in damages resulting from a car accident.
compensatory damages from tortfeasors
irrespective of payments received
On its face, that language could not be any clearer; it allows Emcasco to add up all of the money received by Tufano from all tortfeasors
and deduct that sum from any underinsurance coverage Emcasco owes her.
are not joint tortfeasors
and are not bound as solidary
the loss would not have occurred "but for" the negligence of two or more tortfeasors
, each possibly in fact responsible for the loss; and
An additional fundamental concept that supports the collateral source rule is that tortfeasors
should be held accountable for the harm they inflict on innocent parties.
"If this property is damaged by others, the insurance carrier can institute a subrogation action if the property owners submit a claim, or the property owner could file suit against the tortfeasors
directly," says Rogers.