103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4080

 

Introduced 5/10/2023, by Rep. Dan Ugaste

 

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

    Amends the Code of Civil Procedure. Provides that any defendant whose fault is less than 50% (rather than 25%) of the total fault of all tortfeasors shall be severally liable for all other damages. Provides that any defendant whose fault is 50% (rather than 25%) or greater of the total fault of all tortfeasors shall be jointly and severally liable for all other damages. Provides that the changes made by the amendatory Act apply to actions filed on or after the effective date of the amendatory Act.


LRB103 32005 LNS 60825 b

 

 

A BILL FOR

 

HB4080LRB103 32005 LNS 60825 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
8Section 2-1118, in actions on account of bodily injury or
9death or physical damage to property, based on negligence, or
10product liability based on strict tort liability, all
11defendants found liable are jointly and severally liable for
12plaintiff's past and future medical and medically related
13expenses. Any defendant whose fault, as determined by the
14trier of fact, is less than 50% 25% of the total fault of all
15tortfeasors, including, but not limited to, the plaintiff's
16employer, nonparties, entities that have settled, or any other
17person that the trier of fact finds was at fault and a
18proximate cause of the injury or damage for which recovery is
19sought by attributable to the plaintiff, the defendants sued
20by the plaintiff, and any third party defendant except the
21plaintiff's employer, shall be severally liable for all other
22damages. Any defendant whose fault, as determined by the trier
23of fact, is 50% 25% or greater of the total fault of all

 

 

HB4080- 2 -LRB103 32005 LNS 60825 b

1tortfeasors, including, but not limited to, the plaintiff's
2employer, nonparties, entities that have settled, or any other
3person that the trier of fact finds was at fault and a
4proximate cause of the injury or damage for which recovery is
5sought by the plaintiff attributable to the plaintiff, the
6defendants sued by the plaintiff, and any third party
7defendants except the plaintiff's employer, shall be jointly
8and severally liable for all other damages.
9    The changes to this Section made by this amendatory Act of
10the 103rd General Assembly apply to actions filed on or after
11the effective date of this amendatory Act of the 103rd General
12Assembly.
13(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)