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16-55-205. Acting in concert.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-55-205. Acting in concert.
(a) Notwithstanding § 16-55-201, a party is responsible for the fault of another person or entity or for payment of the proportionate share of another person or entity if both the party and the other person or entity were acting in concert or if the other person or entity was acting as an agent or servant of the party.
(b)(1) As used in this section, “acting in concert” means entering into a conscious agreement to pursue a common plan or design to commit an intentional tort and actively taking part in that intentional tort.
(2) “Acting in concert” does not mean the act of any person or entity whose conduct was negligent in any degree other than intentional.
(3) A person's or entity's conduct which provides substantial assistance to one committing an intentional tort does not constitute “acting in concert” if the person or entity has not consciously agreed with the other to commit the intentional tort.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-55-205
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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Record provenance
Stable record: arkansas_code:legal_authorities:16-55-205
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9e60668bf5f3c67b6b014f164a3fbf6d2ca9189cfbfadde819133cd003ea3164
Source location: content.xml paragraph 19644
Stored source content
16-55-205. Acting in concert.
(a) Notwithstanding § 16-55-201, a party is responsible for the fault of another person or entity or for payment of the proportionate share of another person or entity if both the party and the other person or entity were acting in concert or if the other person or entity was acting as an agent or servant of the party.
(b)(1) As used in this section, “acting in concert” means entering into a conscious agreement to pursue a common plan or design to commit an intentional tort and actively taking part in that intentional tort.
(2) “Acting in concert” does not mean the act of any person or entity whose conduct was negligent in any degree other than intentional.
(3) A person's or entity's conduct which provides substantial assistance to one committing an intentional tort does not constitute “acting in concert” if the person or entity has not consciously agreed with the other to commit the intentional tort.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-55-201. Modification of joint and several liability.
(a) In any action for personal injury, medical injury, property damage, or wrongful death, the liability of each defendant for compensatory or punitive damages shall be several only and shall not be joint.
(b)(1) Each defendant shall be liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault.
(2) A separate several judgment shall be rendered against that defendant for that amount.
(c)(1) To determine the amount of judgment to be entered against each defendant, the court shall multiply the total amount of damages recoverable by the plaintiff with regard to each defendant by the percentage of each defendant's fault.
(2) That amount shall be the maximum recoverable against that defendant.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-55-201
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 16-55-201. This identifies an authority to review, not proof of applicability.