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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0723 Introduced 1/30/2017, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
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| 735 ILCS 5/Art. VIII, Pt. 29 heading new | | 735 ILCS 5/8-2901 new | |
| Amends the Code of Civil Procedure. Provides that in any case in which the plaintiff makes a claim based upon exposure to asbestos, the following issues are relevant to the determination of liability and damages: (1) whether the plaintiff had exposure to any asbestos manufactured by, processed by, or otherwise associated with any entity other than the defendant; (2) whether the plaintiff's exposure to asbestos was to asbestos exclusively manufactured by, processed by, or otherwise associated with the defendant; and (3) whether there is a causal relationship between the plaintiff's alleged injuries and the asbestos manufactured by, processed by, or otherwise associated with the defendant. Provides that the court shall allow the parties to present evidence concerning these issues and that the trier of fact shall determine liability and damages based on these issues, together with any other relevant issues. Effective immediately.
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| | A BILL FOR |
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| | SB0723 | | LRB100 07037 HEP 17091 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by adding |
| 5 | | Part 29 to Article VIII as follows:
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| 6 | | (735 ILCS 5/Art. VIII, Pt. 29 heading new)
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| 7 | | Part 29. Asbestos
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| 8 | | (735 ILCS 5/8-2901 new) |
| 9 | | Sec. 8-2901. Asbestos. In any case in which the plaintiff |
| 10 | | makes a claim based upon exposure to asbestos, the following |
| 11 | | issues are relevant to the determination of liability and |
| 12 | | damages: |
| 13 | | (1) whether the plaintiff had exposure to any asbestos |
| 14 | | manufactured by, processed by, or otherwise associated |
| 15 | | with any entity other than the defendant; |
| 16 | | (2) whether the plaintiff's exposure to asbestos was to |
| 17 | | asbestos exclusively manufactured by, processed by, or |
| 18 | | otherwise associated with the defendant; and |
| 19 | | (3) whether there is a causal relationship between the |
| 20 | | plaintiff's alleged injuries and the asbestos manufactured |
| 21 | | by, processed by, or otherwise associated with the |
| 22 | | defendant. |