Bill Status of HB4981  94th General Assembly


Short Description:  CIV PRO-JNT SEVERALLY LIABLE

House Sponsors
Rep. Ron Stephens

Last Action
DateChamber Action
  1/9/2007HouseSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/2-1117from Ch. 110, par. 2-1117
740 ILCS 100/3from Ch. 70, par. 303
740 ILCS 100/4 rep.


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that joint and several liability does not exist in actions arising out of bodily injury, death, or damage to property based on negligence or product liability. (At present, defendants who are found liable are jointly and severally liable for plaintiff's medical expenses; any defendant whose fault is less than 25% of the total fault attributable to the plaintiff is severally liable with any third party defendant, except for the plaintiff's employer; and, any defendant whose fault is 25% or greater of the total fault attributable to the plaintiff is jointly and severally liable for all other damages with any third party defendant, except for the plaintiff's employer). Provides that the trier of fact determines each defendant's respective liability, each party's percentage of contributory fault, and the plaintiff's damages. Provides that a defendant is responsible to pay that percentage of the plaintiff's damages represented by that defendant's portion of all contributory fault, except that a plaintiff cannot recover damages when the plaintiff's contributory fault exceeds 50%. Provides that no defendant is jointly and severally liable for plaintiff's damages. Amends the Joint Tortfeasor Contribution Act. Repeals provision that states that if a tortfeasor's obligation is uncollectible, the other tortfeasors shall pay, pro rata, the unpaid obligation. Repeals provision that states that the Joint Tortfeasor Contribution Act does not affect a plaintiff's right to recover the full amount of a tort judgment from any defendant.

Actions 
DateChamber Action
  1/20/2006HouseFiled with the Clerk by Rep. Ron Stephens
  1/23/2006HouseFirst Reading
  1/23/2006HouseReferred to Rules Committee
  1/9/2007HouseSession Sine Die