Kemp v. Barnett

In Kemp v. Barnett (1976) 62 Cal.App.3d 245, the plaintiff sued both the owner and driver and both were before the court. The owner stipulated to judgment of $ 1,500 in favor of the plaintiff and against the owner and satisfied the judgment. The driver moved for summary judgment on the ground the satisfaction of the judgment discharged the driver. The court, after discussing the joint tortfeasor rules and acknowledging they would normally require that result, held that in view of the limited statutory liability of the owner and the unlimited liability of the driver, the driver was discharged only to the extent of the payment made.