(1) Notwithstanding § 16-55-201, a party is responsible for the fault of another person or entity or for payment of the proportionate share of another person or entity if both the party and the other person or entity were acting in concert or if the other person or entity was acting as an agent or servant of the party.
(2) As used in this section, “acting in concert” means entering into a conscious agreement to pursue a common plan or design to commit an intentional tort and actively taking part in that intentional tort.
(3) “Acting in concert” does not mean the act of any person or entity whose conduct was negligent in any degree other than intentional.
(4) A person's or entity's conduct which provides substantial assistance to one committing an intentional tort does not constitute “acting in concert” if the person or entity has not consciously agreed with the other to commit the intentional tort.