Landers v. East Texas Salt Water Company

Supreme Court of Texas · 1952 · Torts

Tortsjoint and several liabilityindivisible injurymisjoinderjoinder of partiestortsjoint and several liabilityindependent tortfeasors

Facts

Plaintiff owned a small lake that he had drained, cleaned, and stocked with fish. He alleged that East Texas Salt Water Disposal Company negligently allowed 10,000 to 15,000 barrels of salt water to escape from a broken pipeline and flow onto his land and into the lake, and that Sun Oil Company negligently allowed oil and salt water to escape from its broken pipeline into a branch that emptied into the same lake. Plaintiff alleged that these discharges killed his fish and otherwise damaged him, and he sought a joint and several judgment against both defendants. The trial court treated the claims as improperly joined and required separate damages suits against each defendant.

Issue

Whether plaintiff's petition alleged facts showing that the two defendants, though acting independently and without concert, could be jointly and severally liable because their tortious acts joined to produce an indivisible injury. Relatedly, the court considered whether there was misjoinder of parties or causes of action justifying severance and repleading.

Rule

Where the tortious acts of two or more wrongdoers join to produce an indivisible injury, meaning an injury that from its nature cannot be apportioned with reasonable certainty to the individual wrongdoers, all wrongdoers are jointly and severally liable for the entire damage. The injured party may proceed to judgment against any one separately or against all in one suit.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Tulsa, two unrelated trucking companies maintained separate fuel tanks on neighboring lots uphill from Maya Ortiz's private pond. After separate negligent leaks during the same week, diesel and solvent washed into the pond, and all the fish died; experts can determine that both leaks contributed, but cannot allocate with reasonable certainty what portion of the fish loss each leak caused.

If Maya sues both companies in one action for the fish loss, what is the best result?

Explanation. The majority rule is that when the tortious acts of two or more wrongdoers join to produce an indivisible injury—one that cannot be apportioned with reasonable certainty among them—all are jointly and severally liable for the entire damage. Concert of action is not required. Because both leaks contributed to a single fish-kill that cannot be reasonably apportioned, Maya may sue both in one action and seek full recovery against them. (Derived from Landers v. East Texas Salt Water Company (n.d.).)