Friday, October 10, 2014

Knell v. Feltman case brief summary

Knell v. Feltman case brief summary

F: Ps were passengers in vehicle owned and operated by Knell, and this car collided with another vehicle owned by Feltman and operated by his employee. As a result of accident, Ps injured. P sued Feltman to recover damages. Feltman filed third party complaint against Knell.
Jury found that both Feltman’s employee and Knell were negligent, that the negligence of each contributed to the accident, and that P’s damages were C. Court awarded judgement in favor of Ps against Feltman , and upon payment of this by Feltman, judgement in favor of Feltman against Knell for A. 

R: When a tort is committed by the concurrent negligence of 2 or more persons who are not intentional wrongdoers, contribution should be enforced.
Joint judgment against each of tort feasor is not necessary to contribution btw them.


Co: cause of action the rests with D who satisfied has a cause of action for contribution Rule of contribution does not apply to the intentional tortfeasors
It’s not necessary

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