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16-55-204. Applicability of § 16-55-203.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-55-204. Applicability of § 16-55-203.
The provisions of § 16-55-203 shall not apply to a medical care provider who is named as a defendant in an action for personal injury, medical injury, or wrongful death based solely on his or her capacity as a medical director of a long-term care facility.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-55-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-55-204
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3ded6a28fdec8dc56f55c85c6625e40977d0148840baad604098349ac4166f62
Source location: content.xml paragraph 19639
Stored source content
16-55-204. Applicability of § 16-55-203.
The provisions of § 16-55-203 shall not apply to a medical care provider who is named as a defendant in an action for personal injury, medical injury, or wrongful death based solely on his or her capacity as a medical director of a long-term care facility.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-55-203. Increase in percentage of several share.
(a)(1) Notwithstanding the provisions of §§ 16-55-201 and 16-55-202, in the event a several judgment has been entered against multiple-party defendants, a plaintiff may move the court no later than ten (10) days after the entry of judgment to determine whether all or part of the amount of the several share for which a defendant is liable will not be reasonably collectible.
(2) If the court determines, based upon a preponderance of the evidence, that any defendant's several share or multiple defendants' several shares will not be reasonably collectible, the court shall increase the percentage points of the several shares of each of the remaining defendants, subject to the limitations in subdivisions (a)(3) and (4) of this section.
(3)(A) If a defendant's percentage of fault is determined by the finder of fact to be ten percent (10%) or less, then the percentage points of that defendant's several share shall not be increased.
(B) If a defendant's percentage of fault is determined by the finder of fact to be greater than ten percent (10%) but less than fifty percent (50%), then the percentage points of that defendant's several share shall be increased by no more than ten (10) percentage points.
(C) If a defendant's percentage of fault is determined by the finder of fact to be fifty percent (50%) or greater, then the percentage points of that defendant's several share shall be increased by no more than twenty (20) percentage points.
(4) Under no circumstances shall the combined percentage points of the remaining defendants' several shares exceed the lesser of:
(A) A total of one hundred (100) percentage points; or
(B) The total number of percentage points remaining after deducting the percentage of fault of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-55-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-55-203. This identifies an authority to review, not proof of applicability.