Section 1 Joint and Several Liability

• Library: Damages 2012

The term “joint tortfeasor” embraces four distinct legal concepts:

1. Concerted action

2. Common duty

3. Vicarious liability

4. Single, indivisible harm caused by independent, separate but concurring torts

Brickner v. Normandy Osteopathic Hosp., Inc., 687 S.W.2d 910, 912 (Mo. App. E.D. 1985) (citing Sall v. Ellfeldt, 662 S.W.2d 517, 524 n.4 (Mo. App. W.D. 1983)). The first two categories involve joint actions within the original meaning of the term, while the third is grounded in the principles of agency, and...