J. A. Dutcher v. Ted Owens

This is a case of first impression concerning the allocation of liability among condominium co-owners for tort claims arising out of the ownership, use and maintenance of "common elements." The defendant was found to be vicariously liable for the homeowners associations negligence. The trial court ordered that the plaintiffs recover from the defendant an amount based upon the defendants proportionate ownership in the condominium project. The court of appeals reversed in part the judgment of the trial court, holding "that each unit owner, as a tenant in common with all other unit owners in the common elements, is jointly and severally liable for damage claims arising in the common elements." 635 S.W.2d 208, 211. We reverse the judgment of the court of appeals and affirm the trial courts judgment.