Torts: Co-Defendants

Co-Δ’s

• What rights does A have against B and C his co-defendants in the case?
• Comparative contribution: jury assigns each Δ a percentage. The reimbursement rights between the Δ’s are based on those percentages.
• Two exceptions: where the out of pocket party can get all his money back (indemnification)
• Vicarious liability cases – the purely passive party can get all his money back from the active tortfeasor.
• In a SL claim for a defective product, a non-manufacturer can get all the money back from the manufacturer.