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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1695 Introduced 2/9/2011, by Sen. John J. Millner SYNOPSIS AS INTRODUCED:
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735 ILCS 5/2-1117 | from Ch. 110, par. 2-1117 |
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Amends the Code of Civil Procedure. In provisions concerning joint liability provides that a municipality, or any employee, officer, or agent of a municipality, is liable only for the percentage of fault attributable to it by the trier of fact.
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| | A BILL FOR |
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| | SB1695 | | LRB097 05430 AJO 45488 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 |
| 5 | | changing Section 2-1117 as follows:
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| 6 | | (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
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| 7 | | Sec. 2-1117. Joint liability. |
| 8 | | (a) Except as provided in subsection (b) and in Section |
| 9 | | 2-1118,
in actions on account of bodily injury or death or |
| 10 | | physical damage to
property, based on negligence, or product |
| 11 | | liability based on strict tort
liability, all defendants found |
| 12 | | liable are jointly and
severally liable for plaintiff's past |
| 13 | | and future medical and medically
related expenses. Any |
| 14 | | defendant whose fault, as determined by the
trier of fact, is |
| 15 | | less than 25% of the total fault attributable to the
plaintiff, |
| 16 | | the defendants sued by the plaintiff, and any third party
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| 17 | | defendant except the plaintiff's employer, shall be severally
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| 18 | | liable for all other damages. Any defendant whose fault, as
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| 19 | | determined by the trier of fact, is 25% or greater of the total |
| 20 | | fault
attributable to the plaintiff, the defendants sued by the |
| 21 | | plaintiff, and
any third party defendants except the |
| 22 | | plaintiff's employer, shall
be jointly and severally liable for |
| 23 | | all other damages.
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