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12. If the man fully satisfies the judgment, he then will have a right to recover from the old friend
The gang member recovered a judgment for his damages against the man, as well as the old friend, on the ground that the man was negligent in allowing his old friend to obtain possession of the gun, and was therefore liable jointly and severally with the old friend for the gang member's damages. The jurisdiction has a statute that allows contribution based upon proportionate fault and adheres to the traditional common-law rules on indemnity.
A man owned a shotgun that he used for hunting. The man knew that his old friend had become involved with a violent gang that recently had a shoot-out with a rival gang. The man, who was going to a farm to hunt quail, placed his loaded shotgun on the back seat of his car. On his way to the farm, the man picked up his old friend to give him a ride to someone's house. After dropping off his old friend at the house, the man proceeded to the farm, where he discovered that his shotgun was missing from his car. The old friend had taken the shotgun and, later in the day, the old friend used it to shoot a member of the rival gang. The gang member was severely injured.
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Where joint and several tort liability exists, and a plaintiff can recover the entire judgment from either defendant, the typical rule of contribution allows any tortfeasor required to pay more than his share of damages to have a claim against the other jointly liable parties for the excess. Contribution is NOT allowed, however, in favor of those who committed intentional torts, even if each tortfeasor was equally culpable.
A is correct. If the man pays the full judgment, he will have the right to be fully indemnified for the entire amount from the friend, who was an intentional tortfeasor. An intentional tortfeasor is liable for all the consequences of his wrongful action, intended, unintended, and unforeseeable, including the negligent action of one who was affected by the wrongful act. The man is therefore entitled to an action in indemnity for the full amount of the judgment that he paid to the gang member.
B is incorrect. Contribution is the sharing of a financial burden among joint wrongdoers. However, contribution is not allowed in favor of those who have committed intentional torts, even if both tortfeasors were culpable. In this question, even though the man was negligent by leaving the gun loaded in his car, his friend committed an intentional tort after he took the gun.
C is incorrect. Regardless of the degree of fault as it relates to which actions caused the harm, the fact that the old friend was an intentional tortfeasor renders him liable for all consequences and all damages.
D is incorrect. As explained above, the old friend's intentionally tortious conduct means that the man's negligence is irrelevant. He will be able to be indemnified for the entire judgment because the old friend is liable for all consequences stemming from his actions.