SB0243 94TH GENERAL ASSEMBLY

LRB094 07474 LCB 37637 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0243

Introduced 2/2/2005, by Sen. Kirk W. Dillard

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-1115

from Ch. 110, par. 2-1115

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.

A BILL FOR

AN ACT concerning civil procedure.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 2-1115 as follows:

(735 ILCS 5/2-1115) (from Ch. 110, par. 2-1115)

Sec. 2-1115. Punitive damages not recoverable in healing art and legal malpractice cases. In all cases, whether in tort, contract or otherwise, in which the plaintiff seeks damages by reason of legal, medical, hospital, or other healing art malpractice, no punitive, exemplary, vindictive or aggravated damages shall be allowed.

Any judgment or award of non-economic damages 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.

(Source: P.A. 84-7.)