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§ 8.01-443.Joint wrongdoers; effect of judgment against one.

Chapter 17. Judgments and Decrees Generally · Article 3. When There Are Several Defendants · Last amended 1977 · Last verified July 16, 2026

In one sentenceA judgment against one of several joint wrongdoers does not bar suing the others, letting the injured party sue them successively until every defendant is resolved, but full satisfaction accepted from any one of them discharges all joint wrongdoers except as to costs, without disturbing contribution rights under § 8.01-34.

Full Text of § 8.01-443

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A judgment against one of several joint wrongdoers shall not bar the prosecution of an action against any or all the others, but the injured party may bring separate actions against the wrongdoers and proceed to judgment in each, or, if sued jointly, he may proceed to judgment against them successively until judgment has been rendered against, or the cause has been otherwise disposed of as to, all of the defendants, and no bar shall arise as to any of them by reason of a judgment against another, or others, until the judgment has been satisfied. If there be a judgment against one or more joint wrongdoers, the full satisfaction of such judgment accepted as such by the plaintiff shall be a
discharge of all joint wrongdoers, except as to the costs; provided, however, this section shall have no effect on the right of contribution between joint wrongdoers as set out in § 8.01-34.

Plain-English Summary

Injuries caused by more than one wrongdoer create a practical problem: does going after one tortfeasor use up the plaintiff’s only shot at recovery? Section 8.01-443 says no. A judgment against one of several joint wrongdoers does not bar prosecuting an action against any or all the others. The injured party can bring separate suits against each wrongdoer and take each to judgment, or, if he sues them jointly, proceed to judgment against them one after another until every defendant has either had judgment entered against him or had the claim otherwise disposed of.

No judgment against one defendant, standing alone, bars recovery from another — that bar only arises once a judgment has been satisfied. What ends the matter for everyone is full satisfaction: once the plaintiff accepts full satisfaction of a judgment against one or more joint wrongdoers, that satisfaction discharges all the joint wrongdoers, though they remain liable for costs.

The section is careful to preserve a separate right that operates among the wrongdoers themselves. Nothing here affects contribution between joint wrongdoers under § 8.01-34 — the discharge runs in the plaintiff’s favor, not in favor of one wrongdoer against another who may still owe him a share of what he paid.

Frequently Asked Questions

Does a judgment against one joint wrongdoer stop the plaintiff from suing the others?

No. Section 8.01-443 says a judgment against one of several joint wrongdoers does not bar prosecuting an action against any or all the others.

Can the plaintiff pursue judgments against joint defendants one after another in the same suit?

Yes, if sued jointly, the plaintiff may proceed to judgment against them successively until judgment has been rendered against, or the cause otherwise disposed of as to, all of them.

What discharges all the joint wrongdoers?

Full satisfaction of a judgment against one or more of them, accepted as such by the plaintiff, discharges all joint wrongdoers except as to costs.

Does this section affect the right of one joint wrongdoer to seek contribution from another?

No. The section expressly states it has no effect on the right of contribution between joint wrongdoers as set out in § 8.01-34.

When does a bar against pursuing other wrongdoers arise?

Only once the judgment against another wrongdoer has been satisfied, not merely because judgment has been entered.

Amendment History

Code 1950, § 8-368; 1977, c. 617.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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