Public Act 93-0012

SB729 Enrolled                       LRB093 02915 WGH 02931 b

    AN ACT in relation to 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, if and
only  if House Bill 2784 of the 93rd General Assembly becomes
law in the form in which it passed the General  Assembly,  by
changing Section 2-1117 as follows:

    (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
    (Text  of  Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
    Sec. 2-1117.  Joint liability.
    Except as provided  in  Section  2-1118,  in  actions  on
account  of  bodily  injury  or  death  or physical damage to
property, based on negligence, or product liability based  on
strict  tort  liability,  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,  the
defendants  sued  by  the  plaintiff,  and  any  third  party
defendant except the plaintiff's employer, shall be severally
liable for all other 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 who could  have  been  sued  by  the
plaintiff,  shall  be  jointly  and  severally liable for all
other damages.
(Source: 93HB2784enr.)

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