1. A. Except as provided in subsection B of this section, in any civil action based on fault and not arising out of contract, the liability for damages caused by two or more persons shall be several only and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor.
2. B. A defendant shall be jointly and severally liable for the damages recoverable by the plaintiff if the percentage of responsibility attributed to the defendant with respect to a cause of action is greater than fifty percent (50%). If at the time the incident which gave rise to the cause of action occurred, a joint tortfeasor acted with willful and wanton conduct or with reckless disregard of the consequences of the conduct and such conduct proximately caused the damages legally recoverable by the plaintiff, the liability for damages shall be joint and several as to any such tortfeasor.
3. C. This section shall not apply to actions brought by or on behalf of the state. D. The provisions of this section shall apply to all civil actions based on fault and not arising out of contract that accrue on or after November 1, 2009.

Added by Laws 2004, HB 2661, c. 368, § 18, eff. November 1, 2004; Amended by Laws 2009, HB 1603, c. 228, § 23, eff. November 1, 2009 (superseded document available).