Brown v. Keill
Kansas Supreme Court
580 P.2d 867 (1978)
Relevant factsFree
Brown's (plaintiff's) car was damaged in an accident between his son (driving Brown's car) and Keill (defendant); the trial court found Brown's son 90% at fault and Keill only 10% at fault, awarding Brown only 10% of his repair costs from Keill. Brown appealed, arguing that under common-law joint-and-several liability, he should be able to recover the full repair cost from Keill regardless of her comparatively minor share of fault.
IssueFree
Whether the common-law rule of joint-and-several liability, allowing a plaintiff to recover full damages from any one of multiple tortfeasors regardless of that tortfeasor's individual share of fault, may be replaced by a comparative-negligence statute.