Strategies, Challenges, and Answers

As Between Intentional And Negligent Joint Tortfeasors, The Negligent Tortfeasor Is Severally Liable While The Intentional Tortfeasor Is Liable Both Jointly And Severally.

penknifeAccording to its web site, CAFE MODA is the “Hottest Local Filipino Spot In Las Vegas”.  A few years back, things got hotter than expected when Palma and Richards got into a fight while on the cafe’s premises.  Richards stabbed Palma.  Palma sued Richards and Cafe Moda.  At the civil trial, the jury found both Richards and the cafe liable for Palma’s injuries, Palma for the intentional tort of assault and the cafe for negligence.  The jury apportioned damages at 80% to Richards and 20% to Cafe Moda.

However, reading NRS 41.141, the trial court determined that both tortfeasors were jointly and severally liable for all of Palma’s injuries.  In other words, despite the jury’s percentage of apportionment, Richards and the cafe were each responsible to satisfy 100% of Palma’s damages should the other be unable to pay.  Cafe Moda took exception.  It argued that since Cafe Moda had raised the affirmative defense of comparative negligence against Palma, it should be entitled to take advantage of the general rule found in NRS 41.141(4), namely, that it should only be severally liable for its 20% share of the damages. 

In reaching its decision, the Nevada Supreme Court recounted the legislative history of NRS 41.141 and found that since the statute said that negligent tortfeasors were each responsible for only their several share, the legislature could have never intended to burden a merely negligent party with joint and several liability for damages caused by a joint intentional tortfeasor.

Café Moda won.  While Richards was responsible to pay 100% of the damages, Cafe Moda could never be made to pay any more than its 20% share.

If you have questions about Joint & Several Liability in Nevada, contact mike@mcmillslaw.com or give us a ring at 702-240-6060×114.  Mike will be happy to discuss your case with you.

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Michael Mills About Michael Mills

Mr. Mills practices in the area of civil litigation and appeals, with particular experience in matters involving trucking liability, insurance defense, insurance coverage, premises liability, products liability and defense of personal injury. Mr. Mills is a member of the Trucking Insurance Defense Association, the Defense Research Institute Trucking Committee and the Nevada Motor Transport Association. Mr. Mills is licensed to practice before the Nevada Supreme Court and the Utah Supreme Court. He is also licensed to appear before the United States Supreme Court, the U.S. District Courts for the Districts of Nevada and Utah, as well as the U.S. Court of Appeals for the Ninth Circuit. Mr. Mills has created 3 Blogs for the benefit of the insurance industry. He serves as editor and publisher of the Nevada Insurance Law Blog, the Nevada Coverage and Bad Faith Blog and the Nevada Trucking Law Blog.

 
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