537.067. Joint and several liability of defendants in tort actions, allocation of responsibility for judgment — defendants several liability for punitive damages. — 1. In all tort actions for damages, if a defendant is found to bear fifty-one percent or more of fault, then such defendant shall be jointly and severally liable for the amount of the judgment rendered against the defendants. If a defendant is found to bear less than fifty-one percent of fault, then the defendant shall only be responsible for the percentage of the judgment for which the defendant is determined to be responsible by the trier of fact; except that, a party is responsible for the fault of another defendant or for payment of the proportionate share of another defendant if any of the following applies:
(1) The other defendant was acting as an employee of the party;
(2) The party's liability for the fault of another person arises out of a duty created by the federal Employers' Liability Act, 45 U.S.C. Section 51.
2. The defendants shall only be severally liable for the percentage of punitive damages for which fault is attributed to such defendant by the trier of fact.
3. In all tort actions, no party may disclose to the trier of fact the impact of this section.
Notes of Decisions
Love v. Park Lane Medical Center (1987)
mo · cites it 8×
“1 (Vernon) (to be renumbered § 537.067, RSMo 1987). [4] It should be noted that the holding herein is totally compatible with H.”
Wagner v. Bondex International, Inc. (2012)
moctapp · cites it 5×
“However, Missouri enacted HB 393 in 2005 which, among other things, amended § 537.067. Section 537.067 now provides: In all tort actions for damages, if a defendant is found to bear fifty-one percent or more of fault, then such defendant shall be jointly and severally liable for…”
Gramex Corp. v. Green Supply, Inc. (2002)
mo · cites it 3×
“Section 537.067, RSMo (2000), provides in “all tort actions for damages, in which fault is not assessed to the plaintiff, the defendants shall be jointly and severally liable for the amount of the judgement rendered against such defendants.”
Jensen v. ARA Services, Inc. (1987)
mo · cites it 4×
“1 (Vernon) (to be renumbered § 537.067, RSMo 1987). The two described instances where the legislature adopted the U.”
Burg v. Dampier (2011)
moctapp · cites it 2×
“Neither Dampier nor Graham sought to allocate their respective liability to the Burgs as may have been permitted by Section 537.067 (RSMo Cum.Supp.2009). The trial court’s joint and several judgment against the Appellants awarding the Burgs’ monetary damages for the private…”
Hagedorn v. Adams (1993)
moctapp · cites it 3×
“Hagedorn’s judgment of $20,000 was reallocated by the trial court pursuant to section 537.067, RSMo Supp.1992. The trial court determined that the obligation against Michael Cary, the uninsured defendant, was uncollectible and ordered reallocation of the percentage of the…”
Millentree v. Tent Restaurant Operations, Inc. (2009)
mowd · cites it 5×
“Defendant now argues that the Missouri Legislature’s 2005 tort reform legislation, specifically Mo.Rev. Stat. § 537.067, requires that Stoner’s fault be compared to the fault of Plaintiff and Defendant.”
Jo Ann Howard & Associates, P.C. v. Cassity (2015)
moed · cites it 2×
“Missouri , Revised Statute § 537.067 states “[i]n all tort actions for damages, if a defendant is found to bear fifty-one percent or more of fault, then such defendant shall be jointly and severally liable for the amount of the judgment rendered against the defendants.”
Bader Farms, Inc. v. Monsanto Company (2020)
moed · cites it 2×
“That statute states in pertinent part “defendants shall only be severally liable for the percentage of punitive damages for which fault is attributed to such defendant by the trier of fact.”
— Mo. Rev. Stat. § 537.067(2) — 1 case
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