Kelly v. Long Island Lighting Co., 31 N.Y.2d 25 (1972)
Under Dole v. Dow Chemical Co., damages among joint or concurrent tortfeasors should be apportioned based on their relative degrees of fault, regardless of whether their negligence is characterized as “active” or “passive.”
Summary
Willis Kelly, a laborer, was injured when a crane on a construction site contacted high-tension wires owned by Long Island Lighting Co. (LILCO). Kelly sued LILCO and Herrick Manor, Inc. (Herrick), the general contractor. Both defendants cross-claimed against each other. The jury found both defendants negligent, and the trial court dismissed the cross-claims, finding both actively negligent. The Court of Appeals modified the order, holding that damages should be apportioned based on relative fault, and remanding the case for the trial court to determine the percentage of fault attributable to each defendant. The court emphasized this new rule does not affect a plaintiff’s right to recover the full amount of damages from any joint tortfeasor.
Facts
LILCO owned and maintained high-tension wires along Clinton Avenue. Herrick was the general contractor for an apartment building being constructed near these wires. Kelly, a laborer, was injured when a crane contacted the wires, causing him to be electrocuted. LILCO knew about the construction but took no protective measures regarding the wires. Herrick’s president knew of the danger posed by the wires and requested LILCO to insulate them but did not warn the workers, including Kelly, of the danger, even when he saw the crane moving towards the wires.
Procedural History
Kelly and his wife sued LILCO and Herrick. Both defendants filed cross-claims against each other. The jury found both LILCO and Herrick negligent and awarded damages to the plaintiffs. The trial court dismissed both cross-claims, finding each party actively negligent. Herrick appealed the dismissal of its cross-claim. The Appellate Division affirmed. Herrick appealed to the Court of Appeals.
Issue(s)
Whether damages among joint or concurrent tortfeasors should be apportioned based on their relative degrees of fault, regardless of whether their negligence is characterized as “active” or “passive”.
Holding
Yes, damages should be apportioned based on the relative fault of each tortfeasor because to require a tortfeasor who is only slightly negligent to pay the same amount as a more negligent co-tortfeasor is inequitable and unjust.
Court’s Reasoning
The court applied the rule established in Dole v. Dow Chemical Co., which permits the apportionment of damages among joint tortfeasors based on their relative degrees of fault, regardless of the nature of their concurring fault. The court found that the previous rule, which prevented a defendant found guilty of “active” negligence from recovering from another negligent party, was inequitable. The court stated, “To require a joint tort-feasor who is, for instance, 10% causally negligent to pay the same amount as a co-tort-feasor who is 90% causally negligent seems inequitable and unjust. The fairer rule, we believe, is to distribute the loss in proportion to the allocable concurring fault.” This refinement of the contribution rule does not affect the plaintiff’s right to recover the total amount of damages from any joint tortfeasor. The court remanded the case to the trial court to determine the relative degrees of negligence or fault and the percentage of fault attributable to each defendant. The court clarified that this case addresses contribution between joint tortfeasors and does not concern issues like vicarious liability where the active-passive dichotomy would still apply.