Civil suit question?

Question

If there is a civil case against more than 2-3 people and only one shows up and the rest disappear, does the person who shows up liable for everything.?

Answer 1

It also depends on the type of damages awarded.  In California, there are economic damages (out of pocket, medical, insurance, loss of earnings, etc.) and non-economic damages (pain & suffering, etc.).

There is joint and several liability for economic damages (in CA) and proportionate liability (only pay portion that you are deemed liable for) for non-economic damages.

See:

http://www.namic.org/reports/tortReform/...

which states:

California



California Civ. Code Ann. §§ 1431, 1431.2



An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except for non-economic damages as provided in Section 1431.2, and except in the special cases mentioned in the title on the interpretation of contracts.

Each defendant is liable only for the amount of damages they are proportionately responsible for regarding non-economic damages.

So, it really depends on the state the injury occurred in.  But, usually, you can get a default against the people who don't show up.  

Remember, though, just because you get a judgment doesn't mean it's collectible.