Kemp v. Barnett

Opinion

CHRISTIAN, J.

Appellant Ceilia Kemp sued for damages arising out of a collision between her automobile and another driven by Carol Sue Barnett (hereinafter “Carol”) and owned by William Barnett (hereinafter “William”).

As a result of the collision, appellant suffered personal injuries and property damage in an amount which has not been established. Thereafter, she brought suit against the driver, Carol, and the owner, William.

William and Carol sent to appellant separate and identical offers to compromise, pursuant to Code of Civil Procedure section 998, which

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would allow judgment to be taken against each'in the sum of $1,500. Appellant accepted William’s offer and rejected Carol’s. Judgment against William alone in the amount of $1,500 was subsequently entered and satisfied.

Carol moved for a summary judgment, contending that the disposition of appellant’s claim against William operated to discharge the claim against her. The .court granted a summary judgment of dismissal, and the present appeal followed.

The issue on appeal is whether a tort claimant who settles and discharges a claim founded upon the derivative statutory liability of the owner of an automobile thereby wholly discharges the liability of the driver.

Contributory wrongdoers, whether joint or concurrent, are ordinarily jointly and severally liable for the entire damage. Thus, when they are joined in an action it is improper to apportion compensatory damages among them; judgment for the full amount is usually rendered against all joint tortfeasors. (4 Witkin, Summary of Cal. Law (8th ed. 1974) Torts, § 35, p. 2333.) There can only be one satisfaction of the judgment. Therefore, payment of the full sum by one or more tortfeasors where all the parties are liable for the same damages extinguishes the obligation and discharges the liability of all the others.

(Watson

v.

McEwen

(1964) 225 Cal.App.2d 771 [37 Cal.Rptr. 677]; Rest., Judgments, § 95.) On a theory of imputed negligence, an owner of a vehicle is made liable for injuries resulting from the negligent operation of the vehicle by any person using it with his consent. (Veh. Code, § 17150.) The owner and operator of a vehicle are considered joint tortfeasors and are jointly and severally liable for the same damages, up to the limit specified in the statute for the owner’s liability.