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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2657
Introduced 1/20/2006, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED:
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735 ILCS 5/2-1115 |
from Ch. 110, par. 2-1115 |
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Amends the Code of Civil Procedure. Provides that any judgment or award of non-economic damages in healing art and legal malpractice cases in excess of 100% of the economic damages shall be presumed punitive, exemplary, vindictive, or aggravated in violation of this prohibition and of public policy.
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A BILL FOR
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SB2657 |
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LRB094 18664 LCT 54020 b |
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| AN ACT concerning civil procedure.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by |
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| changing Section 2-1115 as follows:
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| (735 ILCS 5/2-1115) (from Ch. 110, par. 2-1115)
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| Sec. 2-1115. Punitive damages not recoverable in healing |
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| art and legal
malpractice cases. In all cases, whether in tort, |
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| contract or otherwise,
in which the plaintiff seeks damages by |
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| reason of
legal, medical, hospital, or other healing art |
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| malpractice, no punitive,
exemplary, vindictive or aggravated |
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| damages shall be allowed.
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| Any judgment or award of non-economic damages in excess of |
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| 100% of the economic damages shall be presumed punitive, |
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| exemplary, vindictive, or aggravated in violation of this |
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| prohibition and of public policy.
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| (Source: P.A. 84-7.)
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