Section 11 Intentional Torts

• Library: Damages 2012

Joint and several liability has been applied to intentional tort cases since as early as 1869. See, e.g., Murphy v. Wilson, 44 Mo. 313 (1869). Each codefendant is liable for the entire damage unless the injury caused by each of them is clearly separable, permitting a distinct apportionment of responsibility to each. See Berry v. Kansas City Pub. Serv. Co., 121 S.W.2d 825, 833 (Mo. 1938). Although each intentional tortfeasor is liable for the plaintiff’s entire damages, courts have refused to allow...