What is the joint and several liability of defendants in a motor vehicle accident involving a minor?

California, United States of America


The following excerpt is from Dow v. Britt, 112 Cal.Rptr. 710, 37 Cal.App.3d 868 (Cal. App. 1974):

Defendants' liability is a vicarious one. (Savage v. Emery, 255 Cal.App.2d 603, 605, 63 Cal.Rptr. 566.) It is a joint and several liability for any damages proximately resulting from the negligence or wilful misconduct of the minor in driving a motor vehicle ( 17707, 17708; Savage v. Emery, supra.) Defendants, although joint tortfeasors with their son, are not independent tortfeasors but joint tortfeasors by reason of the vicarious liability imposed upon them by the statutes. (Savage v. Emery, supra.) Accordingly, since defendants' liability was a joint one with their son, the payment or partial satisfaction of the judgment recovered against their son operated to release defendants to the extent of their statutory liability. (Savage v. Emery, supra, at pp. 605--606, 63 Cal.Rptr. 566.)

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