12.3.4 Special Problems Under UCATA

• Jurisdiction: Arizona

. On August 30, 1984, the Uniform Contribution Among Tortfeasors Act (“UCATA’’)^[246] became effective in Arizona. In 1987, UCATA was amended to abolish joint and several liability. Under UCATA, a tortfeasor is only responsible for an amount of damages allocated to its degree of fault,^[247] and a right of contribution was created in favor of a tortfeasor who paid more than its pro rata share of the common liability.^[248]

The new statute does not, however, impair any right of indemnity that previously existed, nor does it create a right of contribution against an employer who has paid or is liable for workers’ compensation coverage unless the employer is subject to direct suit under A.R.S. § 23-1022.^[249]

The question arose whether an employer may be named as a nonparty at fault in a third-party lawsuit, with plaintiff’s damages reduced in proportion to the employer’s fault in causing the injury.^[250] The argument against such a result was based upon the definition of “fault’’ in A.R.S. § 12-2506 (B). “Fault’’ is defined in A.R.S. § 12-2506 (F)(2) as an “actionable breach of legal duty.’’ A.R.S. § 23-906 (A) states that an insured employer “shall not be liable for damages at common law.’’ Thus, the argument went, an insured employer could not be a nonparty at fault within the meaning of A.R.S...