248 S.W.2d 731
• Plaintiff property owner appealed the dismissal of action as to damages. After the defendant oil and disposal companies’ plea in abatement asserting a misjoinder of parties and of causes of action had been sustained, the property owner declined to replead so as to assert several liability only against each defendant in separate suits. The Court of Civil Appeals for the Sixth District (Texas) affirmed.
• The property owner’s action seeking a joint and several judgment of damages and injunctive relief was dismissed as to the damages feature by the trial court, when, after the oil and disposal companies’ plea in abatement asserting a misjoinder of parties and of causes of action had been sustained, he declined to replead so as to assert several liability only against each of the defendants in separate suits. The lower court affirmed the trial court.
• Where concurrent, independent torts produce an indivisible injury, will the tortfeasors will be jointly and severally liable?
• Where concurrent, independent torts produce an indivisible injury, the tortfeasors will be jointly and severally liable.
• Where the tortious acts of two or more wrongdoers join to produce an indivisible injury, that is, an injury which from its nature cannot be apportioned with reasonable certainty to the individual wrongdoers, all of the wrongdoers will be held jointly and severally liable for the entire damages and the injured party may proceed to judgment against any one separately or against all in one suit.
• The judgments of both lower courts were reversed and the cause was remanded to the trial court for further proceedings not inconsistent with the instant opinion. Because there was no misjoinder as alleged, the property owner was within his rights in declining to replead and in declining to proceed through a futile and fruitless trial in order to test the correctness of a court’s ruling of misjoinder.
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