Herstam v. Deloitte & Touche, LLP

OPINION

TOCI, Judge.

By statute, tortfeasors who act in concert are jointly and severally liable for the resulting injury or damage. Ariz.Rev.Stat.Ann. (“A.R.S.”) § 12-2506(D)(1), (E) (Supp.1995). A joint tortfeasor who pays more than his or her share of the common liability is entitled to contribution from fellow tortfeasors. A.R.S. section 12-2501 (1994). These consolidated appeals raise the following novel issue: can a party allegedly damaged by the concerted action of numerous parties waive the joint liability of both the settling and nonsettling parties and, by formal settlement…