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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1210
Introduced 2/9/2007, by Sen. Dale E. Risinger SYNOPSIS AS INTRODUCED:
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735 ILCS 5/2-1107.2 new |
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735 ILCS 5/2-1117.1 new |
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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.
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A BILL FOR
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SB1210 |
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LRB095 10628 AJO 30852 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 adding |
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| Sections 2-1107.2 and 2-1117.1 as follows:
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| (735 ILCS 5/2-1107.2 new)
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| Sec. 2-1107.2. Jury instruction in a tort action concerning |
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| a motor vehicle accident. In all actions
on account of bodily |
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| injury or death or physical damage to
property based on
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| negligence concerning a motor vehicle accident, the court
shall |
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| instruct the jury in writing that the defendant shall be found |
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| not liable
if the jury finds that the contributory fault of the |
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| plaintiff is more
than 50% of the proximate cause of the injury |
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| or damage for which recovery is
sought or the fault of the |
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| defendant is less than 25% of the proximate cause of the injury |
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| or damage for which recovery is sought.
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| (735 ILCS 5/2-1117.1 new)
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| Sec. 2-1117.1. Joint liability in a tort action concerning |
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| a motor vehicle accident. Except as provided in Section 2-1118,
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| in an action on account of bodily injury or death or physical |
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| damage to
property based on negligence concerning a motor |
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| vehicle accident, all defendants found liable are jointly and
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