It’s time for the next installment of Holcomb Dunbar law series “Insurance Law from A to Z.” This was put together by our litigation group who practice in the insurance law arena. Of course, if you have questions about these or any other topics please do not hesitate to contact us.
This week’s installment – Joint and Several Liability
Since 2004, simple negligence actions apply only several liability. A party is only responsible for his share/percentage of apportioned fault.
Joint and several liability only exists in Mississippi when individuals knowingly pursue a common plan or design to commit a tortious act. Fellow defendants acting in concert have a right of contribution between one another. Miss. Code Ann. § 85-5-7.
All participants to the occurrence, including any absent tortfeasors, must be considered in the apportionment of fault. Estate of Hunter v. General Motors Corp, 729 So. 2d 1264, 1272-73 (Miss. 1999). See also Contribution.
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