concurring:
I concur in the result reached by the majority. Although I join wholeheartedly in Part II of the majority’s opinion, I differ with the rational underlying the majority’s approach in Part I.
The majority concludes that the question of whether liability is capable of apportionment depends on whether a *222“logical, reasonable or practical” basis exists for apportionment.1 I however, believe that the majority’s position begs the question of how to properly ascertain whether liability is capable of apportionment. The majority determines whether liability is capable of apportionment by using a purely arbitrary ad hoc standard lacking in any legal principle.
I believe that the better approach, in determining whether liability is capable of apportionment, would be to determine whether the defendants acted as joint tortfeasors. The question of whether liability is capable of apportionment has consistently been determined by whether the alleged tortfeasors acted jointly or separately. Riff v. Morgan Pharmacy, 353 Pa.Super. 21, 508 A.2d 1247 (1986), appeal denied, 514 Pa. 648, 524 A.2d 494 (1987) (issue of whether liability is capable of apportionment hinges on whether defendants acted separately or as joint tortfeasors); see Harka v. Nabati, 337 Pa.Super. 617, 487 A.2d 432 (1985); Capone v. Donovan, 332 Pa.Super. 185, 480 A.2d 1249 (1984); Pratt v. Stein, 298 Pa.Super. 92, 444 A.2d 674 (1982); Voyles v. Corwin, 295 Pa.Super. 126, 441 A.2d 381 (1982); Wade v. S.J. Groves & Sons Co., 283 Pa.Super. 464, 424 A.2d 902 (1981); Lasprogata v. Qualls, 263 Pa.Super. 174, 397 A.2d 803 (1979). To be a joint tortfeasor, two or more persons “ ‘must either act together in committing the wrong, or their acts, if independent of each other, must unite in causing a single injury.’ ” Wade, 283 Pa.Super. at 475 n. 8, 424 A.2d at 907 n. 8 (quoting Black’s Law Dictionary (4th ed. 1968)); see Pratt, 298 Pa.Super. at 150-151 n. *22350, 444 A.2d at 705 n. 50; Lasprogata, 263 Pa.Super. at 179, 397 A.2d at 805 n. 4.2 This approach provides a terse and conclusive means of determining whether liability is joint or separate.
■ Under the approach that I propose, if a court determines that the defendants are joint tortfeasors, each defendant is liable for the entire amount of the judgment. See Restatement (Second) of Torts § 875 (1979). If one tortfeasor pays the entire amount, he or she may seek contribution from his or her co-defendant(s). See Wade, 283 Pa.Super. 464, 424 A.2d 902 (contribution distributes the loss equally or each joint tortfeasor pays his or her pro rata share). On the other hand, if a court determines that the defendants are not joint tortfeasors, i.e., that liability is capable of apportionment, then the issue of the actual apportionment itself is submitted to the jury. See Restatement (Second) of Torts § 434(l)(b) and (2)(b) (1977) (function of the court is to make the initial determination of whether apportionment is possible; if so, function of the jury is to make the apportionment).
*224In the instant case, I would find that the actions of Ginosky and the Glombs come within the definition of joint tortfeasors.3 The negligence of the Glombs merged with the intentional misconduct of Ginosky to cause a single harm to Tia. Although the Glombs did not act in concert with Ms. Ginosky, they acted concurrently. The ■ Glombs’ continual neglect of Tia’s welfare facilitated the ultimate infliction of Tia’s injury by Ginosky. Consequently, I concur in the majority’s result that the trial court properly refused to submit the question of apportionment to the jury on the basis that the Glombs and Ginosky are joint tortfeasors who are each liable for the entire amount of the judgment.
. The majority's reliance on Martin v. Owens-Coming Fiberglas Corp., 515 Pa. 377, 528 A.2d 947 (1987), is inapposite to the instant case. In Martin, a products liability case, our Supreme Court addressed the issue of whether liability for plaintiff’s disability was capable of apportionment between plaintiff himself and the defendants where plaintiff had a long history of cigarette smoking and worked with products containing asbestos manufactured by the defendants. Our Supreme Court, however, was not confronted, as we are in the instant case, with the question of whether liability is capable of apportionment when the actions of two or more persons combine to harm a third party.
. The approach that I espouse varies from prior decisions of this Court which determined whether the tortfeasors acted separately or as joint tortfeasors by considering certain "factors” rather than utilizing the well established definition of joint tortfeasors. See Voyles, 295 Pa.Super. at 130-131, 441 A.2d at 383. The text of Prosser from which these "factors” were taken indicates that each "factor” was actually a test in itself that was developed by a court or proposed by an author to determine joint tortfeasor status. See Prosser & Keeton on the Law of Torts § 46, at 322 (5th ed. 1984). I disagree with the majority’s continued use of these factors since they constitute a series of subtle and complex considerations that create a very restrictive standard for courts to use in determining whether liability is joint or separate. The majority’s opinion demonstrates this. While the majority states that most of the factors weigh in favor of allowing apportionment of liability between the Glombs and Ginosky, the majority ultimately concludes that apportionment is not possible in the instant case. The majority states: “Even if most of the Voyles factors superficially support apportionment, our analysis leaves us without a ‘logical, reasonable or practical’ basis upon which a jury could even roughly apportion the percentage of Tia Marie’s injuries attributable to the Glombs’ negligence. None exists.” Majority opinion at 214-215. I, consequently, conclude that these "factors” should be eliminated from a court’s consideration in determining whether liability is joint or separate.
. The majority's opinion avoids addressing the question of whether defendants are joint tortfeasors. The majority avoids this determination because the majority’s primary concern in resolving the issue of whether liability is capable of apportionment, is to prevent the situation where a joint tortfeasor satisfies the entire amount of the judgment and is then unable to obtain contribution from his or her joint tortfeasor(s). Majority opinion at 211-213. I, however, do not believe that the primary focus should be on protecting the wrong-doer’s finances but rather, on ensuring that the innocent injured victim is compensated.