On motion made not later than one year after a judgment imposing joint and several liability and determining contribution rights is entered, the court shall determine whether all or part of a tortfeasor's contribution share under section 12-2502 is uncollectible from that tortfeasor. If a contribution share is totally or partially uncollectible, the court shall redetermine the contribution shares of the other tortfeasors so that the uncollectible contribution amount is paid, based on the ratio of the percentages of the contribution shares of the other tortfeasors. The court's order redetermining the contribution shares shall include a judgment for the uncollectible amount against the tortfeasor whose share is totally or partially uncollectible and in favor of the other tortfeasors.
Notes of Decisions
State Farm Ins. Companies v. Premier Manufactured Sys., Inc., 172 P.3d 410 (Ariz. 2007).
· cites it 3× “” A.R.S. § 12-2508. Although this provision offers potential partial relief to defendants held jointly and severally liable, its application will necessarily result in a defendant paying more than his pro rata share.”
Coats v. Penrod Drilling Corp., 61 F.3d 1113 (5th Cir. 1995).
· cites it 2× “Ariz.Rev. Stat. § 12-2508 ("If a contribution share is totally or partially uncollectible, the court shall redetermine the contribution shares of the other tort-feasors.”
Piner v. Superior Court in & for Cnty. of Maricopa, 962 P.2d 909 (Ariz. 1998).
“Even though the culpable defendants were still jointly and severally liable for all damages, the legislature established a right of contribution that allowed a defendant held hable for more than his share of fault to recover from the other tortfeasors in proportion to their…”
Church v. Rawson Drug & Sundry Co., 842 P.2d 1355 (Ariz. Ct. App. 1992).
“§ 12-2508. Redetermination of contribution shares On motion made not later than one year after a judgment imposing joint and several liability and determining contribution rights is entered, the court shall determine whether all or part of a tortfeasor’s contribution share under…”
Gehres v. City of Phoenix, 753 P.2d 174 (Ariz. Ct. App. 1987).
· cites it 2× “This result is clearly contemplated by the inclusion of A.R.S. § 12-2508, which provides for a redistribution of damages in the event that one tortfeasor is unable to pay or is otherwise immune to the contribution actions of the *488 other tortfeasors.”
State Farm v. Premier Manufactured Sys. (Ariz. 2007).
· cites it 3× “” A.R.S. § 12-2508. Although this provision offers potential partial relief to defendants held jointly and severally liable, its application will necessarily result in a defendant paying more than his pro rata share.”
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