Section 7 Apportionment of Derivative Claims
Library | Damages 2012 |
In Johnson v. Hyster Co., 777 S.W.2d 281 (Mo. App. W.D. 1989), the jury returned different percentages of fault on the plaintiff’s claim and his wife’s loss-of-consortium claim, so the trial court granted a new trial. Id. at 285. On appeal, the Western District held that the trial court should have applied the same percentage of fault to the consortium claim as it did to the plaintiff’s claim. Id. at 286. As such, it was improper to grant a new trial when the trial court could simply apply the correct...
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- Section 1 Joint and Several Liability
- Section 2 Fault Apportioned Among Defendants
- Section 3 Fault Apportioned to Plaintiff
- Section 4 Current State of the Law of Joint and Several Liability
- Section 5 Pleading Comparative Fault
- Section 6 Submission of Apportionment to Jury
- Section 7 Apportionment of Derivative Claims
- Section 8 Negligence Actions for Personal Injury
- Section 9 Defendant’s Fault
- Section 10 Plaintiff’s Fault
- Section 11 Intentional Torts
- Section 12 Contract Actions
- Section 13 Actions Involving Only Economic Loss
- Section 14 Medical Malpractice
- Section 15 Punitive Damages
- Section 16 Damage Cap in Medical Malpractice Actions
- Section 17 Instructions
- Section 18 Instructional Error
- Section 19 Standard of Review for Jury’s Apportionment of Fault
- Section 20 Same or Separate Action
- Section 21 Severance of Contribution Claims
- Section 22 Parties Against Whom Fault Is Apportioned
- Section 23 Statute of Limitations for Contribution Claims
- Section 24 Right to a Jury Trial
- Section 25 Punitive Damages in Contribution Action
- Section 26 Joint and Several Liability
- Section 27 Family Immunities
- Section 28 Other Immunities
- Section 29 Workers’ Compensation
- Section 30 Effect of Settlement on Liability of Other Tortfeasors
- Section 31 Jury Not Informed of Other Settlements
- Section 32 Setoff for Amounts Paid in Settlement
- Section 33 Protection From Claims for Contribution
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