95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1296


 
Introduced 2/9/2007, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		














735 ILCS 5/2-1117
  from Ch. 110, par. 2-1117







    Amends the Code of Civil Procedure. Provides that the apportionment of fault under the joint liability Section only applies to the parties still remaining in the case at the time that a final determination is made by the trier of fact and does not apply to the defendants or third party defendants that have been dismissed for any reason, including settlement. Provides that this Amendatory Act of the 95th General Assembly applies to all actions pending on or filed on or after the effective date. Effective immediately.
















LRB095 07166 AJO 27297 b

















 


 


A BILL FOR









 











SB1296

LRB095 07166 AJO 27297 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 2-1117 as follows:
 



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    (735 ILCS 5/2-1117)  (from Ch. 110, par. 2-1117)



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    Sec. 2-1117. Joint liability. Except as provided in Section 
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2-1118,
in 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, all defendants found 
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liable are jointly and
severally liable for plaintiff's past 
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and future medical and medically
related expenses.  Any 
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defendant whose fault, as determined by the
trier of fact, is 
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less than 25% of the total fault attributable to the
plaintiff, 
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the defendants sued by the plaintiff, and any third party

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defendant except the plaintiff's employer, shall be severally

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liable for all other damages.  Any defendant whose fault, as

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determined by the trier of fact, is 25% or greater of the total 
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fault
attributable to the plaintiff, the defendants sued by the 
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plaintiff, and
any third party defendants except the 
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plaintiff's employer, shall
be jointly and severally liable for 
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all other damages. The apportionment of fault under this 
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Section only applies to the parties still remaining in the case 
 


 






SB1296
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LRB095 07166 AJO 27297 b




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at the time of the final determination by the trier of fact. It 
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does not apply to the defendants or third party defendants that 
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have been dismissed for any reason, including settlement.
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    The changes to this Section made by this amendatory Act of 
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the 95th General Assembly apply to actions commenced or pending 
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on or after the effective date of this amendatory Act of the 
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95th General Assembly.


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(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)

 

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