95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2693


 
Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey
 
SYNOPSIS AS INTRODUCED:
 		














735 ILCS 5/2-1116
  from Ch. 110, par. 2-1116







    Amends the Code of Civil Procedure. Makes a technical change in a Section concerning limitation on recovery in tort actions.
















LRB095 00814 AJO 20816 b

















 


 


A BILL FOR









 











HB2693

LRB095 00814 AJO 20816 b






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    AN ACT concerning civil law.

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


 
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    Section 5. The Code of Civil Procedure is amended by 
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changing Section 2-1116 as follows:
 



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    (735 ILCS 5/2-1116)  (from Ch. 110, par. 2-1116)



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    (Text of Section WITH the changes made by P.A. 89-7, which 
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has been held
unconstitutional)

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    Sec. 2-1116. Limitation on recovery in tort actions; fault. 

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    (a) The
The purpose of this Section is to allocate the

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responsibility of bearing or paying damages in actions brought 
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on account of
death, bodily injury, or physical damage to 
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property according to
the proportionate fault of the persons 
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who proximately caused the damage.
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    (b) As used in this Section:

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    "Fault" means any act or omission that (i) is negligent, 
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willful and
wanton,
or
reckless, is a breach of an express or 
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implied warranty, gives rise to strict
liability in tort, or 
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gives rise to liability under the provisions of any State

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statute, rule, or local ordinance and (ii) is a proximate cause 
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of death,
bodily injury to person, or physical damage to 
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property for
which recovery is sought.

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    "Contributory fault" means any fault on the part of the 
 


 






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plaintiff
(including but not limited to negligence, assumption 
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of the risk,
or willful and wanton misconduct) which is a

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proximate cause of the death, bodily injury to person, or

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physical damage to property for which recovery is sought.

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    "Tortfeasor" means any person, excluding the injured 
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person, whose fault is a
proximate cause of the death, bodily 
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injury to person, or
physical damage to
property for which 
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recovery is sought, regardless of whether that person is the

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plaintiff's employer, regardless
of whether that person is 
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joined as a party to the action, and regardless of
whether that 
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person may have settled with the plaintiff.

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    (c) In all actions on account of death, bodily injury or 
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physical damage to
property in which recovery is predicated 
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upon fault, the contributory fault chargeable to the plaintiff 
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shall be
compared with the
fault of all tortfeasors whose fault 
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was a proximate cause of the death,
injury, loss, or
damage for 
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which recovery is sought.  The plaintiff
shall be barred from 
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recovering damages if the trier of fact finds that the

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contributory fault on the part of the plaintiff is more than 
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50% of
the proximate cause of the injury or damage for which 
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recovery is sought.
The plaintiff shall not be barred from 
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recovering damages if the trier of
fact finds that the 
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contributory fault on the part of the plaintiff is not
more 
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than 50% of the proximate cause of the injury or damage for 
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which recovery
is sought,
but any economic or non-economic 
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damages allowed shall be diminished in the
proportion to the 
 


 






HB2693
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amount
of fault attributable to the plaintiff.

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    (d) Nothing in this Section shall be construed
to create a 
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cause of action.

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    (e) This amendatory Act of 1995 applies to causes of action 
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accruing
on or after its effective date.

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(Source: P.A. 89-7, eff. 3-9-95.)

 

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    (Text of Section WITHOUT the changes made by P.A. 89-7, 
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which has been held
unconstitutional)

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    Sec. 2-1116. Limitation on recovery in tort actions. 

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     In all actions on account of bodily injury
or death or 
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physical damage to
property, based on negligence,
or product 
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liability based on strict tort
liability, the plaintiff
shall 
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be barred from recovering damages if the trier of fact finds 
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that the
contributory fault on the part of the plaintiff is 
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more than 50% of
the proximate cause of the injury or damage 
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for which recovery is sought.
The plaintiff shall not be barred 
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from recovering damages if the trier of
fact finds that the 
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contributory fault on the part of the plaintiff is not
more 
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than 50% of the proximate cause of the injury or damage for 
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which recovery
is sought, but any damages allowed shall be 
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diminished in the
proportion to the amount
of fault 
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attributable to the plaintiff.

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(Source: P.A. 84-1431.)