Under CPLR Article 16, if a joint tortfeasor is not more than 50% at fault and the plaintiff has non-economic damages, what limit applies?

• A. Defendant must pay only its own share of non-economic damages
• B. Plaintiff may recover full non-economic damages from each tortfeasor
• C. Non-economic damages are not recoverable
• D. Only the largest tortfeasor pays non-economic damages

Answer: (A)

Non-economic damages in cases with multiple at-fault defendants are allocated in proportion to each defendant’s fault under CPLR Article 16. When no joint tortfeasor is responsible for more than half the fault, each defendant pays only the portion of the non-economic damages that corresponds to its own fault percentage. The plaintiff can recover the remaining non-economic damages from the other defendants in proportion to their fault, but no single defendant pays the entire amount unless that party is at fault for more than 50%. So the defendant must pay only its own share of non-economic damages.