Schlossman

Paradise Valley Hospital’s (Hospital) appeal presents this novel question: Where one of several joint tortfeasors is insolvent, should the solvent tortfeasors share liability for the shortfall in direct proportion to their respective degrees of fault?

The issue tendered is yet another of the “problems of contribution and indemnity among joint tortfeasors [which] lurk in the background” of Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 823 [ 119 Cal.Rptr. 858 , 532 P.2d 1226 , 78 A.L.R.3d 393 ], and American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578 [ 146 Cal.Rptr. 182 , 578 P.2d 899 ]. The broad and developing principles enunciated by these landmark decisions compel this conclusion: The solvent defendants should bear the burden of a shortfall caused by the insolvency of a defendant in direct proportion to their respective degrees of culpability.

Facts

Corma and Victor Miner sued Paradise Valley Hospital, Doctors Louis Lurie and Robert C. Schlossman for negligence. The jury found the Miners innocent of fault, awarded them $1.5 million and apportioned responsibility among the defendants as follows: Hospital 10 percent ($150,000); Lurie 40 percent ($600,000);…