97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1902

 

Introduced , by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1117  from Ch. 110, par. 2-1117

    Amends the Code of Civil Procedure. With respect to certain types of actions, provides that for any defendant whose fault is less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant who could have been sued by the plaintiff (instead of any third party defendant except the plaintiff's employer), shall be severally liable for all other damages. Provides that for any defendant whose fault is 25% or greater of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendants who could have been sued by the plaintiff (instead of any third party defendants except the plaintiff's employer), shall be jointly and severally liable for all other damages.


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A BILL FOR

 

HB1902LRB097 07943 AJO 48060 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-1117 as follows:
 
6    (735 ILCS 5/2-1117)  (from Ch. 110, par. 2-1117)
7    Sec. 2-1117. Joint liability. Except as provided in Section
82-1118, in actions on account of bodily injury or death or
9physical damage to property, based on negligence, or product
10liability based on strict tort liability, all defendants found
11liable are jointly and severally liable for plaintiff's past
12and future medical and medically related expenses. Any
13defendant whose fault, as determined by the trier of fact, is
14less than 25% of the total fault attributable to the plaintiff,
15the defendants sued by the plaintiff, and any third party
16defendant who could have been sued by the plaintiff except the
17plaintiff's employer, shall be severally liable for all other
18damages. Any defendant whose fault, as determined by the trier
19of fact, is 25% or greater of the total fault attributable to
20the plaintiff, the defendants sued by the plaintiff, and any
21third party defendants who could have been sued by the
22plaintiff except the plaintiff's employer, shall be jointly and
23severally liable for all other damages.

 

 

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1(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)