Are there any joint tortfeasors between the owner of a vehicle and the operator of the vehicle?

California, United States of America


The following excerpt is from Rashtian v. BRAC-BH, Inc., 12 Cal.Rptr.2d 411, 9 Cal.App.4th 1847 (Cal. App. 1992):

The owner and the operator of the vehicle are not joint tortfeasors in the traditional sense since the owner's liability is not due to active or passive participation in the negligence alleged by the plaintiff in the complaint. While the owner may be a joint tortfeasor by reason of the vicarious liability which is statutorily imposed, he is not an independent tortfeasor. (Dow v. Britt (1974) 37 Cal.App.3d 868, 871, 112 Cal.Rptr. 710.)

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