Torts II, Pages 388–390

Coney v. J.L.G. Industries, Inc.

Supreme Court of Illinois, 1983

Facts:

Jasper died while operating a hydraulic aerial work platform made by defendant. The administrator of his estate, plaintiff, brought suit based on strict products liability. Defendant argued that Jasper and his employer were both contributorily negligent.

Issue:

Does comparative negligence eliminate joint and several liability?

Reasoning:

Comparative negligence requires reducing a plaintiff's damages by the amount attributable to him. By eliminating joint and several liability, plaintiffs would become liable for more than the share attributable to them if one of the defendants cannot pay.

Rule/Holding:

Comparative fault does not eliminate joint and several liability.

Judgment:

Affirmed and remanded.

Note:

This is the majority rule.

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