SB1210 95TH GENERAL ASSEMBLY

LRB095 10628 AJO 30852 b

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.

A BILL FOR

AN ACT concerning civil law.

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 adding Sections 2-1107.2 and 2-1117.1 as follows:

(735 ILCS 5/2-1107.2 new)

Sec. 2-1107.2. Jury instruction in a tort action concerning a motor vehicle accident. In all actions on account of bodily injury or death or physical damage to property based on negligence concerning a motor vehicle accident, the court shall instruct the jury in writing that the defendant shall be found not liable if the jury finds that the contributory fault of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought or the fault of the defendant is less than 25% of the proximate cause of the injury or damage for which recovery is sought.

(735 ILCS 5/2-1117.1 new)

Sec. 2-1117.1. Joint liability in a tort action concerning a motor vehicle accident. Except as provided in Section 2-1118, in an action on account of bodily injury or death or physical damage to property based on negligence concerning a motor vehicle accident, all defendants found liable are jointly and severally liable for plaintiff's past and future medical and medically related expenses. Any defendant whose fault, as determined by the trier of fact, is less than 25% of the total fault attributable to the plaintiff is not liable for damages. Any defendant whose fault, as determined by the trier of fact, is 25% or greater of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendants except the plaintiff's employer, shall be jointly and severally liable for all other damages.

Section 99. Effective date. This Act takes effect upon becoming law.