Idaho State Statutes - Idaho Attorney Directory

CONTRIBUTION AMONG JOINT TORTFEASORS -- DECLARATION OF RIGHT --
EXCEPTION -- LIMITED JOINT AND SEVERAL LIABILITY. (1) The right of
contribution exists among joint tortfeasors, but a joint tortfeasor is not
entitled to a money judgment for contribution until he has by payment
discharged the common liability or has paid more than his pro rata share
thereof.
(2) A joint tortfeasor who enters into a settlement with the injured
person is not entitled to recover contribution from another joint tortfeasor
whose liability to the injured person is not extinguished by the settlement.
(3) The common law doctrine of joint and several liability is hereby
limited to causes of action listed in subsection (5) of this section. In any
action in which the trier of fact attributes the percentage of negligence or
comparative responsibility to persons listed on a special verdict, the court
shall enter a separate judgment against each party whose negligence or
comparative responsibility exceeds the negligence or comparative
responsibility attributed to the person recovering. The negligence or
comparative responsibility of each such party is to be compared individually
to the negligence or comparative responsibility of the person recovering.
Judgment against each such party shall be entered in an amount equal to each
party's proportionate share of the total damages awarded.
(4) As used herein, "joint tortfeasor" means one (1) of two (2) or more
persons jointly or severally liable in tort for the same injury to person or
property, whether or not judgment has been recovered against all or some of
them.
(5) A party shall be jointly and severally liable for the fault of
another person or entity or for payment of the proportionate share of another
party where they were acting in concert or when a person was acting as an
agent or servant of another party. As used in this section, "acting in
concert" means pursuing a common plan or design which results in the
commission of an intentional or reckless tortious act.

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