joint and several liability doctrine (Iowa) · Go Syfert
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joint and several liability doctrine in Iowa

9 Iowa opinions name it 2 courts 1983–2020 0 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Thompson v. Stearns Chemical Corp.green
iowa · 1984 · cited in 2 Iowa opinions naming this issue, 1984–1985
2 sentences

1985See, e.g., Thompson v. Stearns Chemical Corp., 345 N.W.2d at 133-34 (adoption of comparative negligence did not affect rule denying contribution from employer liable for worker’s compensation); Rozevink v. Faris, 342 N.W.2d at 849-50 (adoption of comparative negligence did not abrogate doctrine of joint and several liability).

1985See, e.g., Thompson v. Stearns Chemical Corp., 345 N.W.2d at 133-34 (adoption of comparative negligence did not affect rule denying contribution from employer liable for worker's compensation); Rozevink v. Faris, 342 N.W.2d at 849-50 (adoption of comparative negligence did not abrogate doctrine of joint and several liability).

22
Rozevink v. Farisgreen
iowa · 1983 · cited in 2 Iowa opinions naming this issue, 1984–1985
2 sentences

1985See, e.g., Thompson v. Stearns Chemical Corp., 345 N.W.2d at 133-34 (adoption of comparative negligence did not affect rule denying contribution from employer liable for worker’s compensation); Rozevink v. Faris, 342 N.W.2d at 849-50 (adoption of comparative negligence did not abrogate doctrine of joint and several liability).

1985See, e.g., Thompson v. Stearns Chemical Corp., 345 N.W.2d at 133-34 (adoption of comparative negligence did not affect rule denying contribution from employer liable for worker's compensation); Rozevink v. Faris, 342 N.W.2d at 849-50 (adoption of comparative negligence did not abrogate doctrine of joint and several liability).

22
Reese v. Werts Corp.green
iowa · 1985 · cited in 3 Iowa opinions naming this issue, 2006–2020
2 sentences

2020See Reilly v. Anderson, 727 N.W.2d 102, 114 (Iowa 2006) (concluding a defendant was prejudiced by the application of the joint- and several-liability rule, requiring retrial); Schwennen, 430 N.W.2d at 104 (reversing and remanding for new trial); Reese, 379 N.W.2d at 4 (same); cf. Mulhern, 799 N.W.2d at 119 (not requiring a new trial where the plaintiff intentionally inflicted harm upon herself).

2006Id. at 3 .

13
Todd A. Mulhern, Individually and as Representative of the Estate of Elizabeth M. Von Linden v. Catholic Health Initiatives A/K/A Catholic Health Initiatives Iowa Corp. D/B/A Mercy Franklin Center and/or Mercy Hospital and/or Mercy Psychiatric Servicesgreen
iowa · 2011 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020See Reilly v. Anderson, 727 N.W.2d 102, 114 (Iowa 2006) (concluding a defendant was prejudiced by the application of the joint- and several-liability rule, requiring retrial); Schwennen, 430 N.W.2d at 104 (reversing and remanding for new trial); Reese, 379 N.W.2d at 4 (same); cf. Mulhern, 799 N.W.2d at 119 (not requiring a new trial where the plaintiff intentionally inflicted harm upon herself).

11
Reilly v. Andersongreen
iowa · 2006 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020See Reilly v. Anderson, 727 N.W.2d 102, 114 (Iowa 2006) (concluding a defendant was prejudiced by the application of the joint- and several-liability rule, requiring retrial); Schwennen, 430 N.W.2d at 104 (reversing and remanding for new trial); Reese, 379 N.W.2d at 4 (same); cf. Mulhern, 799 N.W.2d at 119 (not requiring a new trial where the plaintiff intentionally inflicted harm upon herself).

11
Schwennen v. Abellgreen
iowa · 1988 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020See Reilly v. Anderson, 727 N.W.2d 102, 114 (Iowa 2006) (concluding a defendant was prejudiced by the application of the joint- and several-liability rule, requiring retrial); Schwennen, 430 N.W.2d at 104 (reversing and remanding for new trial); Reese, 379 N.W.2d at 4 (same); cf. Mulhern, 799 N.W.2d at 119 (not requiring a new trial where the plaintiff intentionally inflicted harm upon herself).

11
Slager v. HWA Corp.green
iowa · 1989 · cited in 1 Iowa opinions naming this issue, 2002–2002
1 sentence

2002Slager v. HWA Corp., 435 N.W.2d 349, 351 (Iowa 1989) (common-law rule of joint and several liability permits recovery of the total judgment *544 against any one defendant).

11
Glover v. Tacoma General Hospitalred
wash · 1983 · cited in 1 Iowa opinions naming this issue, 1994–1994
2 sentences

1994In Glover v. Tacoma General Hospital, 98 Wash.2d 708, 722-23 , 658 P.2d 1230, 1238-39 (1983), the Washington Supreme Court contrasted the doctrine of joint and several liability—which permits a plaintiff to proceed against one or all of the joint tortfeasors to obtain a full recovery— with vicarious liability, a doctrine imposed as a matter of public policy to permit recovery against the principal—not for its own conduct, but for the conduct of another.

1994In Glover v. Tacoma General Hospital, 98 Wash.2d 708, 722-23 , 658 P.2d 1230, 1238-39 (1983), the Washington Supreme Court contrasted the doctrine of joint and several liability—which permits a plaintiff to proceed against one or all of the joint tortfeasors to obtain a full recovery— with vicarious liability, a doctrine imposed as a matter of public policy to permit recovery against the principal—not for its own conduct, but for the conduct of another.

11
Cornell v. Langlandgreen
illappct · 1982 · cited in 1 Iowa opinions naming this issue, 1989–1989
2 sentences

1989See also Cornell v. Langland, 109 Ill.

1989See also Cornell v. Langland, 109 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
McDonald v. Robinson green
iowa · 1928
2 sentences

1983McDonald v. Robinson, 207 Iowa 1293 , 224 N.W. 820 (1929).

1983McDonald v. Robinson, 207 Iowa 1293 , 224 N.W. 820 (1929).

11983–1983
Turner v. Hitchcock green
iowa · 1866
2 sentences

1983Our court initially approved the doctrine of joint and several liability in Turner v. Hitchcock, 20 Iowa 310 (1866), a case adopting the rule that the release of one joint tortfeasor releases all.

1983Our court initially approved the doctrine of joint and several liability in Turner v. Hitchcock, 20 Iowa 310 (1866), a case adopting the rule that the release of one joint tortfeasor releases all.

11983–1983

Statutes the citing opinions construe

IA § Iowa Code § 668.3 (6) IA § Iowa Code § 668.7 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 31 (1978–2025) FL 25 (1985–2022) IL 24 (1983–2026) TN 20 (1995–2023) CT 9 (1990–2000) IA 9 (1983–2020) AZ 8 (1987–2003) WV 7 (1988–2015) NM 6 (1983–2001) NY 5 (1993–2015) WI 5 (1980–2009) ND 5 (1983–1989) HI 4 (1998–2012) PA 4 (2007–2021) MI 4 (1982–2015) WY 3 (1981–1987) MN 3 (1986–2013) OH 3 (2011–2025) MT 3 (1987–1990) VI 2 (1992–2017) NH 2 (2006–2011) AK 2 (1979–2023) WA 2 (1978–1983) ID 2 (1979–1987)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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