Opinion
No. 2014AP532.
2015-06-30
Shane MAHNER, Plaintiff–Appellant, v. Vincent PARR, Kimberly Anderson and Debra Tuckwab, Defendants–Respondents.
Wis. Stat. § 805.16(3). Mahner further argues the court erred because damages for intentional conduct are not subject to apportionment between multiple tortfeasors. He primarily relies on the following statement attributed to the Restatement (Third) of Torts: Apportionment of Liability § 12: “Each person who commits a tort that requires intent is jointly and severally liable for the indivisible injury legally caused by the tortious conduct.” He also relies on Rhinehart v. Whitehead, 64 Wis. 42, 24 N.W. 401 (1885), for the proposition that an aider and abettor to a battery is jointly and severally liable in the same manner as if he or she had participated in the battery.