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55 Baylor L. Rev. 617 (2003)
Apportioning Responsibility in Cases Involving Claims of Vicarious, Derivative, or Statutory Liability for Harm Directly Caused by the Conduct of Another

handle is hein.journals/baylr55 and id is 625 raw text is: APPORTIONING RESPONSIBILITY IN CASES INVOLVING CLAIMS OF VICARIOUS, DERIVATIVE, OR STATUTORY LIABILITY FOR HARM DIRECTLY CAUSED BY THE CONDUCT OF ANOTHER William D. Underwood* and Michael D. Morrison TABLE OF CONTENTS 1. INTRODUCTION ..................................................................... 618 II. COMPARATIVE RESPONSIBILITY UNDER TEXAS LAW PRIOR TO THE 1995 AMENDMENTS TO CHAPTER 33 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE ............... 625 A. Limiting Apportionment of Responsibility to Claimants, Defendants, and Settling Persons ................ 625 B. Limiting Apportionment of Responsibility to Persons Whose Conduct Caused or Contributed to Cause the H arm .............................................................................. 628 III. THE 1995 AMENDMENTS TO THE APPORTIONMENT OF RESPONSIBILITY PROVISIONS IN CHAPTER 33 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE ...................... 630 A. Application of Section 33.003 to Apportion Responsibility Among Tortfeasors with Direct L ia bility .......................................................................... 63 1 B. Application of Section 33.003 to Claims Based on Vicarious Liability ......................................................... 634 C. Application of Section 33.003 to Claims Under The D ram Shop A ct ............................................................... 636 D. Application of Section 33.003 to Claims Based on D erivative Liability ........................................................ 642 1. Apportioning Responsibility When Derivative Liability is Based on the Intentional Tort of A nother .................................................................... 642 The Leon Jaworski Professor of Practice and Procedure, Baylor University School of Law. The authors would like to acknowledge the valuable research assistance they received from Amy Pattillo, who is presently completing her third year at Baylor University School of Law. .1974 Graduate of the University of Oklahoma Law School, a member of Order of the Coif, a Fellow of the Texas and American Bar Foundations and holds the William J. Boswell Chair of Law at Baylor University School of Law where he has taught since 1977.

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