Sentences with word «tortfeasor»

Defense counsel pointed out that if that were done, Sora would be denied not only recovery from her parents, but also recovery from tortfeasors jointly and severally liable for any negligence found on the part of her parents: see s. 1, Negligence Act, R.S.O. 1990, c. N. 1.

That is a sufficient basis for this decision, but I regard the facts of this case as illustrating a general principle which is that a settlement with one concurrent tortfeasor does not release the others unless it is clear that it was intended to have that effect, or unless the payment clearly satisfies the whole claim (which is what happened when the Bank settled Webb's case referred to above, see [13]-RRB-.

Wrongful death claim by family against tortfeasor involving alleged fraudulent transfer of assets

Recently in Illinois, the state supreme court held that a counterclaim for contribution by joint tortfeasors following an injurious truck accident was rightly dismissed, despite defendants» claims that a prior settlement was not reached in good faith because the settling defendant's conduct was intentional.

Pennsauken, NJ (Law Firm Newswire) October 20, 2016 — In a published ruling, the appeals court stated that the Workers» Compensation Act has control over claims against third - party tortfeasors who suffer injuries in motor vehicle accidents while they are engaged in employment.

Is there any reason in principle not to allow contribution between tortfeasors where their liability to the plaintiff is based on material contribution?

(b) the plaintiff, through no fault of her own, is unable to show that any one of the possible tortfeasors in fact was the necessary or «but for» cause of her injury, because each can point to one another as the possible «but for» cause of the injury, defeating a finding of causation on a balance of probabilities against anyone.

In other words, out in the real world, it is only within the past 50 years or so that clients have began to look at lawyers like other tortfeasors and seeking remedies for the damages they inflicted.4 As to the meaning and derivation of the term, let's look to the obvious source.

Susan Field and Stephen Green prevail on appeal as to third party claimants» attempt to initiate a declaratory relief lawsuit against its alleged tortfeasor's insurer.

At Strong Law Offices, we are committed to holding negligent corporations and tortfeasors responsible for their actions.

Clements» comments about multiple tortfeasor situations and Resurfice contribution can not be understood to mean that instances of «indivisible» injuries are now to be handled under the Resurfice material contribution test rather than the but - for test.

Does Clements - Resurfice material contribution apply between tortfeasors claiming contribution?

It is only if she can prove her loss was caused by a tort, but then can not prove which of several possible tortfeasors caused her loss, that she can look to material contribution.

The decision highlights the need to place potential tortfeasors and their insurance carriers on notice of any potential claims.

This allows tortfeasors and their insurers to avoid responsibility:

The SEF 44 endorsement for excess insurance, sometimes called Special or Family Protection Endorsements, indemnifies insureds for any shortfall in payment of a judgment for damages against an underinsured tortfeasor, subject to the deductions set out in the endorsement itself.

Plaintiff's can be compensated and not worry about collections woes while tortfeasors are ultimately held to account.

The impossibility referred to in case law does not describe scientific impossibility, but rather the impossibility to determine on a balance of probabilities which specific tortfeasor was at fault.

Granted, the reason for compulsory liability insurance is protection of others against judgment - proof tortfeasors, but one could also say that old - age insurance protects society against dependent old people.

Stated differently, by 1979 the term «legal malpractice» had reached a new level of maturity as lawyers joined the ranks of other common tortfeasors such as automobile drivers, premise owners, manufacturers and physicians and surgeons.

This is so, even in cases where the actions of the various tortfeasors appear to be temporally distinct such as submitted by Mr. Anderson in this case.

Extreme punitive damages awards are typically the product of a particular jury deciding to bring the hammer down on a particular tortfeasor it does not like (for good or bad reasons).

In that case, the court held that defendants who intend to assert fault on a non-party joint tortfeasor need to do so as an affirmative defense.

In my view, it would not be appropriate, as a matter of course, for a joint tortfeasor found to be minimally responsible for an accident to be ordered to pay costs strictly in accordance with its liability to pay the damages.

RI social host liability accident attorneys will pinpoint any liable deep pocket tortfeasors and pursue necessary legal action.

If a person's negligent act results in financial, emotional, or physical injury to someone who is owed a duty of care, then the negligent tortfeasor can be held liable for damages.

The claimant's response to this in JGE was to argue that vicarious liability can arise where the individual tortfeasor is either an employee or akin to an employee.

First, this does not apply to intentional tortfeasors, vicariously liable defendants, some product liability cases, and even some cases involving inherently dangerous activities.

The court took particular note of the cost to the NHS of implementing the Law Commission proposals, an unusual example of successful special pleading by one tortfeasor affecting all litigants.

Typically, there are a number of tortfeasors.

(a) the plaintiff has established that her loss would not have occurred «but for» the negligence of two or more tortfeasors, each possibly in fact responsible for the loss; and

The CLIA 1978 has no bearing on the liability of concurrent tortfeasors to the claimant.

The situation in Tamminga was almost identical to Forsythe's case, and many of the same arguments were raised, including the connection between the plaintiff's insurance contract and the defendant tortfeasor.

is unable to show that any one of the possible tortfeasors in fact was the necessary or «but for» cause of her injury, because each can point to one another as the possible «but for» cause of the injury, defeating a finding of causation on a balance of probabilities against anyone.

Well, that went away on appeal because the «tort of another» doctrine does not operate to confer fee recovery against some members in a multiple tortfeasor situation.

Suffiicient, here, means together with all of the other necessary facts, other than the negligence of the other tortfeasors.