Jones v. Corcoran

SMITH, Presiding Judge.

This prohibition case requires us to address another problem created by the “secure, predictable, and effective” law of joint and concurrent tortfeasor liability enunciated in Missouri Pacific R. Co. v. Whitehead & Kales Co., 566 S.W.2d 466 (Mo. banc 1978).

The underlying lawsuit, to which our preliminary writ was directed, is an action for wrongful death and personal injury resulting from a three vehicle collision. Plaintiffs 1 joined in that action as defendants (1) Jones, a truck driver, (2) U. S. Steel, his employer, (3) Wynne, a truck driver, and (4) Phillips…