Also known as: tortfeasors
Written by attorneys · grounded in primary & secondary sources — see below
A person who commits a tort.
Theodore Tucker deliberately set fire to a warehouse owned by a competitor. When the owner recovered full damages from co-tortfeasor Timothy Tang, Tang sought contribution from Tucker. Because Tucker intentionally caused the harm, the court denied his request for contribution from any other tortfeasor.
Thaddeus Tran, an employer, paid a judgment arising from an employee's negligent driving. Tran then sought contribution from the employee. Because Tran possessed an independent right of indemnity against the employee, the court held that neither party could pursue contribution against the other.
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Tyrone Tran, a reckless driver, died before trial on claims for compensatory and punitive damages. The court permitted the compensatory claim to proceed against his estate but dismissed the punitive damages claim because the death of the tortfeasor terminated liability for punishment.
Tabitha Taylor, injured by an insured driver, obtained a large punitive award. The insurer challenged the award as excessive. The court reviewed the degree of reprehensibility of the tortfeasor's conduct and the ratio of punitive to compensatory damages before reducing the award.
Triumph Manufacturing sold vehicles with a concealed defect. After a jury imposed substantial punitive damages, the court applied three guideposts to test excessiveness: the reprehensibility of the tortfeasor's conduct, the disparity between harm and the award, and comparison with civil penalties.
Thunderbolt Motors was injured when city employees followed an official policy that violated constitutional rights. Thunderbolt sued the municipality. The court required proof that the tortfeasor's conduct was pursuant to municipal policy or custom rather than respondeat superior alone.
A right of contribution exists when two or more persons are liable in tort for the same harm and one has paid more than its equitable share. The right is limited to the excess paid and does not arise if the paying tortfeasor intentionally caused the harm.
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The death of the tortfeasor terminates liability for punitive damages even if compensatory claims survive. Statutes governing survival of actions do not preserve punitive awards against a deceased tortfeasor's estate.
When one tortfeasor holds a right of indemnity against another, neither may obtain contribution from the other. The indemnity right displaces any contribution claim between them.
Courts apply three guideposts: the reprehensibility of the tortfeasor's conduct, the ratio between punitive and compensatory damages, and comparison with available civil penalties. Awards that grossly exceed these limits violate due process.
Supporting sources
…R. Co. , 346 U. S. 338, 341 (1953). More recently, it has led States to seek and to acquire jurisdiction over nonresident tortfeasors whose purely out-of-state activities produce domestic consequences. E. g. , Gray v. American Radiator & Standard Sanitary Corp. , 22 Ill. 2d 432, 176 N. E. 2d 761 (1961). Second, state…