96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0053


 
Introduced 1/14/2009, by Rep. David Reis
 
SYNOPSIS AS INTRODUCED:
 		













735 ILCS 5/Art. VIII, Pt. 28 heading new






735 ILCS 5/8-2801 new










    Amends the Code of Civil Procedure.   Provides that in any case in which the plaintiff makes a claim based upon exposure to asbestos, the following issues are relevant to the determination of liability and damages, the court shall allow the parties to present evidence concerning these issues, and the trier of fact shall determine liability and damages based on these issues, together with any other relevant issues: (1) whether the plaintiff had exposure to any asbestos manufactured by, processed by, or otherwise associated with any entity other than the defendant; (2)   whether the plaintiff's exposure to asbestos was to asbestos exclusively manufactured by, processed by, or otherwise associated with the defendant; and (3) whether there is a causal relationship between the plaintiff's alleged injuries and the asbestos manufactured by, processed by, or otherwise associated with the defendant. Effective immediately.
















LRB096 03944 AJO 13979 b

















 


 


A BILL FOR









 











HB0053

LRB096 03944 AJO 13979 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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Part 28 to Article VIII as follows:
 
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    (735 ILCS 5/Art. VIII, Pt. 28 heading new)

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Part 28.  ASBESTOS

 
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    (735 ILCS 5/8-2801  new)
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    Sec. 8-2801. Asbestos.    In any case in which the plaintiff 
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makes a claim based upon exposure to asbestos, the following 
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issues are relevant to the determination of liability and 
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damages, the court shall allow the parties to present evidence 
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concerning these issues, and the trier of fact shall determine 
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liability and damages based on these issues, together with any 
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other relevant issues:
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    (1) whether the plaintiff had exposure to any asbestos 
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manufactured by, processed by, or otherwise associated with any 
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entity other than the defendant;
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    (2) whether the plaintiff's exposure to asbestos was to 
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asbestos exclusively manufactured by, processed by, or 
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otherwise associated with the defendant; and
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    (3) whether there is a causal relationship between the 
 


 






HB0053
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LRB096 03944 AJO 13979 b




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plaintiff's alleged injuries and the asbestos manufactured by, 
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processed by, or otherwise associated with the defendant.
 

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