B. [§ 1.38] Pleading Joint and Several Liability

• Jurisdiction: Maryland

B. [§ 1.38] Pleading Joint and Several Liability

Frequently plaintiffs seek to hold multiple defendants jointly and severally liable for particular torts. Joint and several liability means that each of the several defendants uniting in wrongful conduct must bear responsibility for misconduct of all the defendants. The plaintiff, at his or her election, may sue all of the defendants together in a single action or may proceed against any one of the defendants. See Cooper v. Bikle, 334 Md. 608, 640 A.2d 1120 (1994); Mayor & City Council of Baltimore v. Thompson, 171 Md. 460, 189 A. 822 (1937); Hartford Accident & Indem. Co. v. Scarlett Harbor Assocs., 109 Md. App. 217, 674 A.2d 106 (1996), aff'd, 346 Md. 122, 695 A.2d 153 (1997). The plaintiff, however, can obtain only a single recovery, and each of the defendants will be entitled to credit for any sum that the plaintiff has collected from another defendant. Aiello v. Aiello, 268 Md. 513, 302 A.2d 189 (1973); Cunningham v. Cunningham, 158 Md. 372, 148 A....