Comparative Negligence Statute’s Provisions for Apportioning Damages Among Joint Tortfeastors Are Not Applicable When The Basis of Liability For One Is Strict Liability

Date
1978
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract

Examines the Texas Supreme Court’s case General Motors Corp. v. Simmons. In Simmons, the court held that damages between joint tortfeasors may not be apportioned through the Texas comparative negligence statute when one tortfeasor is strictly liable and the other is negligent. The author believes that this decision is “logically consistent with the policies of the [statute].”

Description
Keywords
Comparative negligence, Joint tortfeasors, Strict liability, Torts, Negligence, Damages, General Motors Corp. v. Simmons, Case note
Citation
9 Tex. Tech L. Rev. 701