§ 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 the plaintiff, if any. (5) Any defendant whose several share has been increased pursuant to this section, and who has discharged his or her obligation to pay the increased several share, has a right of contribution from the defendants whose several shares were determined by the court to be not reasonably collectible. (b) The provisions of subsection (a) of this section shall not apply to any punitive damages award or judgment.

Legislative History

Acts 2003, No. 649, § 3.