Joint and several liability applies to any persons who act in concert in committing the tortious act, or aid or encourage the act, or ratify or adopt the act.
I'm thinking this is a case where
joint and several liability applies; IncumbentCo can go after any particular one of the owners and developers for the entire amount if they feel like it, and then it would be up to that person to then sue anyone else he thinks is partially liable.
Not exact matches
Therefore, when
applying the section to any specific action, it is understood that
joint and several liability to the plaintiff can
and will attach only to a party defendant, although others who may also have been at fault could potentially have been found jointly
and severally liable had they been sued by the plaintiff.
Since the Court did not
apply the principle of
joint and several liability of the defendants (the ability to recover all the damages from any of the defendants regardless of their individual share of the
liability), Robinson will have to collect his award from his opponents one by one under proportionate
liability.
When this situation arises, rules regarding
joint and several liability may
apply:
Except in limited circumstances that are unlikely to
apply to a car accident, the doctrine of
joint and several liability has been abolished in New Mexico.
We still do not know whether the extent of
liability, in cases where Resurfice material contribution does
apply, is just proportional (
several) or
joint and several.