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Perspective

Oct. 18, 2011

Release of one is release of all — but not for much longer

Inconsistent law as to proportional liability for joint tortfeasors may soon be resolved. By Karen Woodward and Hall Marston of Sedgwick LLP


By Karen Woodward and Hall Marston


There has long been an inconsistency in California law relating to discharge of the proportional share of liability for joint tortfeasors. Originally, California was an "all or nothing" tort liability state. Thus, if a plaintiff was guilty of contributory negligence, his or her claim was barred in its entirety. Similarly, among two joint tortfeasors, the one less culpable (as determined by an arcane set of obscure...

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