I ain’t afraid of no ghost1: Why the Supreme Court of Arkansas Should Uphold Fair Share Liability and Non-Party Apportionment by Jason W. Earley
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t has been five years since the Arkansas General Assembly slaughtered a sacred cow of Arkansas common law: joint and several liability in tort. Through the controversial “Civil Justice Reform Act of 2003” (“CJRA”),2 the General Assembly abolished joint and several liability in cases involving personal injury and property damage and replaced it with a system of “fair share liability.” Under the new fair share liability system, a tortfeasor is only liable for its share of the “fault” for the plaintiff’s injury as assessed by the jury.3 A significant element of the new fair share liability regime is that the jury may apportion a percentage of fault to a person or entity who is not a party to the suit. If the jury apportions a percentage of fault to that “non-party,” the plaintiff’s award against the named defendant is lessened by that percentage.
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The Arkansas Lawyer
www.arkbar.com