A judgment against one of several joint wrongdoers shall not bar the prosecution of an action against any or all the others, but the injured party may bring separate actions against the wrongdoers and proceed to judgment in each, or, if sued jointly, he may proceed to judgment against them successively until judgment has been rendered against, or the cause has been otherwise disposed of as to, all of the defendants, and no bar shall arise as to any of them by reason of a judgment against another, or others, until the judgment has been satisfied. If there be a judgment against one or more joint wrongdoers, the full satisfaction of such judgment accepted as such by the plaintiff shall be a discharge of all joint wrongdoers, except as to the costs; provided, however, this section shall have no effect on the right of contribution between joint wrongdoers as set out in § 8.01-34.
Code 1950, § 8-368; 1977, c. 617.
Notes of Decisions
Cited in
11
cases, 1991–2020 · leading case:
Cox v. Geary, 624 S.E.2d 16 (Va. 2006).
Cox v. Geary, 624 S.E.2d 16 (Va. 2006).
· cites it 4× “We note that Code § 8.01-443 allows a plaintiff to bring separate actions against several joint wrongdoers and proceed to judgment in each action.”
Burns v. Gagnon, 727 S.E.2d 634 (Va. 2012).
· cites it 2× “He argued that his injury was indivisible and that the jury found all three defendants liable as joint tortfeasors.”
Scales v. Lewis, 541 S.E.2d 899 (Va. 2001).
· cites it 2× “See Code § 8.01-443 (“A judgment against one of several joint wrongdoers shall not bar the prosecution of an action against any or all others, but the injured party may bring separate actions against the wrongdoers and proceed to judgment in each.”
R. M. Harrison Mech. Corp. v. Decker Indus., Inc., 75 Va. Cir. 404 (Hopewell Cir. Ct. 2008).
· cites it 2× “Harrison’s ability to recover from JRCC, due to the provision for joint liability under the Code of Virginia: A judgment against one of several joint wrongdoers shall not bar the prosecution of an action against any or all the others, but the injured party may bring separate…”
Smith v. Byungki Kim, 675 S.E.2d 193 (Va. 2009).
· cites it 2× “[7] After this Court's decision in Powell , the General Assembly enacted Code § 8-368, the predecessor to current Code § 8.01-443. The current version of the statute provides that when a plaintiff obtains a judgment against one of several alleged joint tortfeasors and the…”
Guertler v. DuPont Cmty. Credit Union, 552 B.R. 140 (W.D. Va. 2016).
· cites it 2× “) If the statute allowed multiple actions, they reason, then the first sentence would read something like Code § 8.01-443, which explicitly states that an injured party may bring “separate actions” against joint tortfeasors.”
Wingate v. Insight Health Corp., 87 Va. Cir. 227 (Roanoke County Cir. Ct. 2013).
· cites it 2× “Virginia Code § 8.01-443 provides that “[a] judgment against one of several joint wrongdoers shall not bar the prosecution of an action against any or all the others, but the injured party may bring separate actions against the wrongdoers and proceed to judgment in each.”
Moran v. Leach, 83 Va. Cir. 141 (Hanover Cir. Ct. 2011).
· cites it 9× “Leach or State Farm as contemplated in Va. Code § 8.01-443. B. Motion for Default Judgment Plaintiff requests that the Court enter a default judgment against Mr.”
Green v. Diagnostic Imaging Assocs., 843 S.E.2d 371 (Va. 2020).
· cites it 2× “” Code § 8.01-443. Thus, because Green has not brought multiple suits on the same cause of action against the same defendants, Green’s amended complaint did not amount to claim-splitting and the circuit court erred in dismissing Green’s action on this ground.”
Maryview Med. Ctr. v. Chacko, 71 Va. Cir. 438 (Suffolk Cir. Ct. 2005).
· cites it 2× “Virginia Code § 8.01-443. The parties herein agree on the general principle that such joint and several liability would make unrelated judgment co-defendants liable in contribution for equal shares of any judgment.”
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