95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1210

 

Introduced 2/9/2007, by Sen. Dale E. Risinger

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1107.2 new
735 ILCS 5/2-1117.1 new

    Amends the Code of Civil Procedure. Provides a circumstance under which a defendant shall be found not liable: if the fault of the defendant in a tort action concerning a motor vehicle accident is less than 25% of the proximate cause of the injury or damage for which recovery is sought. Provides that any defendant whose fault is less than 25% of the total fault attributable to the plaintiff in a tort action concerning a motor vehicle accident is not liable for any damages. Effective immediately.


LRB095 10628 AJO 30852 b

 

 

A BILL FOR

 

SB1210 LRB095 10628 AJO 30852 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Civil Procedure is amended by adding
5 Sections 2-1107.2 and 2-1117.1 as follows:
 
6     (735 ILCS 5/2-1107.2 new)
7     Sec. 2-1107.2. Jury instruction in a tort action concerning
8 a motor vehicle accident. In all actions on account of bodily
9 injury or death or physical damage to property based on
10 negligence concerning a motor vehicle accident, the court shall
11 instruct the jury in writing that the defendant shall be found
12 not liable if the jury finds that the contributory fault of the
13 plaintiff is more than 50% of the proximate cause of the injury
14 or damage for which recovery is sought or the fault of the
15 defendant is less than 25% of the proximate cause of the injury
16 or damage for which recovery is sought.
 
17     (735 ILCS 5/2-1117.1 new)
18     Sec. 2-1117.1. Joint liability in a tort action concerning
19 a motor vehicle accident. Except as provided in Section 2-1118,
20 in an action on account of bodily injury or death or physical
21 damage to property based on negligence concerning a motor
22 vehicle accident, all defendants found liable are jointly and

 

 

SB1210 - 2 - LRB095 10628 AJO 30852 b

1 severally liable for plaintiff's past and future medical and
2 medically related expenses. Any defendant whose fault, as
3 determined by the trier of fact, is less than 25% of the total
4 fault attributable to the plaintiff is not liable for damages.
5 Any defendant whose fault, as determined by the trier of fact,
6 is 25% or greater of the total fault attributable to the
7 plaintiff, the defendants sued by the plaintiff, and any third
8 party defendants except the plaintiff's employer, shall be
9 jointly and severally liable for all other damages.
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.