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HARRELL v. TEDDER

October 6, 2005.

GERALDINE HARRELL PLAINTIFF
v.
BARRY TEDDER, M.D. DEFENDANT v. JONESBORO HEALTH SERVICES, LLC, d/b/a REGIONAL MEDICAL CENTER OF NORTHEAST ARKANSAS THIRD-PARTY DEFENDANT.



The opinion of the court was delivered by: H. YOUNG, Magistrate Judge

ORDER

The stipulation of the parties in reference to this matter has been accepted and reviewed by the Court and it is hereby ORDERED, ADJUDGED AND DECREED that as follows:

  1. Jonesboro Health Services, LLC, d/b/a Regional Medical Center of Northeast Arkansas (hereinafter "Regional Medical Center") was a party to this matter.

  2. Regional Medical Center and Barry Tedder, M.D., are joint tort feasors as defined by Arkansas law.

  3. Regional Medical Center has settled with the plaintiff.

  4. Regional Medical Center of Northeast Arkansas took a pro rata release pursuant to the Uniform Contribution Among Joint Tort Feasors Act, as enacted in the State of Arkansas. A.C.A. § 16-61-201, et seq.

  5. Barry Tedder, M.D. has filed a timely cross-claim against Regional Medical Center.

  6. Barry Tedder, M.D. is entitled to the greater of a monetary credit against any adverse judgment that would be rendered against him on behalf of the plaintiff or a reduction based upon the percentage of fault attributed to Regional Medical Center by the jury in the trial of this matter. In the event no fault is assessed against Regional Medical Center, then no credit shall be assessed toward any judgment against Barry Tedder, M.D.

  7. The amount of the settlement will be released to Barry Tedder, M.D. and his counsel and this Court subject to the terms of the confidentiality agreement between the parties solely for the use in this litigation.

  8. There shall be no dissemination of the settlement terms to any third persons for any reasons unless further ordered by the Court.

  9. Regional Medical Center does not need to appear in defense of the cross-claim in this matter because the terms of the release under Arkansas law prevents a judgment being rendered against it in this cause.

  IT IS SO ORDERED.

20051006

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