94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2893

 

Introduced 1/20/2006, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1117   from Ch. 110, par. 2-1117
740 ILCS 100/3   from Ch. 70, par. 303
740 ILCS 100/4 rep.

    Amends the Code of Civil Procedure. Provides that in actions arising out of bodily injury, death, or damage to property based on negligence or product liability based on strict tort liability there will not be joint and several liability, rather when more than one defendant is found to be liable, a defendant will only be liable for that percentage of the plaintiff's damages, found by the trier of fact, that the defendant's percentage of contributory fault, found by the trier of fact, represents. Amends the Joint Tortfeasor Contribution Act requiring, in the event that the obligation of one or more tortfeasors is uncollectible, the remaining tortfeasors to share, pro rata, the unpaid portion. Repeals Section stating that a plaintiff's right to recover the full amount of his or her tort judgment from any one or more defendants is unaffected by the Contribution Act.


LRB094 18869 RLC 54310 b

 

 

A BILL FOR

 

SB2893 LRB094 18869 RLC 54310 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Civil Procedure is amended by
5 changing Section 2-1117 as follows:
 
6     (735 ILCS 5/2-1117)  (from Ch. 110, par. 2-1117)
7     Sec. 2-1117. Liability Joint liability. Except as provided
8 in Section 2-1118, in actions on account of bodily injury or
9 death or physical damage to property, based on negligence, or
10 product liability based on strict tort liability in which
11 recovery is predicated upon fault, each defendant found liable,
12 as determined by the trier of fact, is liable for only that
13 percentage of the plaintiff's damages, as determined by the
14 trier of fact, that represents the contributory fault
15 chargeable to that defendant in the comparison of the
16 plaintiff's fault with the fault of all tortfeasors whose fault
17 was a proximate cause of the death, injury, loss, or damage for
18 which recovery is sought. Except when the plaintiff is barred
19 from recovering damages because the trier of fact finds that
20 the contributory fault on the part of the plaintiff is more
21 than 50% of the proximate cause of the injury or damage for
22 which recovery is sought, the plaintiff shall be barred from
23 recovering damages from a defendant that is in excess of the
24 amount of damages obtained by applying the percentage of
25 contributing fault of that defendant to the amount of the
26 plaintiff's damages, as determined by the trier of fact. No
27 defendant shall be jointly and severally liable for plaintiff's
28 damages. , all defendants found liable are jointly and severally
29 liable for plaintiff's past and future medical and medically
30 related expenses. Any defendant whose fault, as determined by
31 the trier of fact, is less than 25% of the total fault
32 attributable to the plaintiff, the defendants sued by the

 

 

SB2893 - 2 - LRB094 18869 RLC 54310 b

1 plaintiff, and any third party defendant except the plaintiff's
2 employer, shall be severally liable for all other damages. Any
3 defendant whose fault, as determined by the trier of fact, is
4 25% or greater of the total fault attributable to the
5 plaintiff, the defendants sued by the plaintiff, and any third
6 party defendants except the plaintiff's employer, shall be
7 jointly and severally liable for all other damages.
8 (Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)
 
9     Section 10. The Joint Tortfeasor Contribution Act is
10 amended by changing Section 3 as follows:
 
11     (740 ILCS 100/3)  (from Ch. 70, par. 303)
12     Sec. 3. Amount of Contribution. The pro rata share of each
13 tortfeasor shall be determined in accordance with his relative
14 culpability. However, no person shall be required to contribute
15 to one seeking contribution an amount greater than his pro rata
16 share unless the obligation of one or more of the joint
17 tortfeasors is uncollectable. In that event, the remaining
18 tortfeasors shall share the unpaid portions of the
19 uncollectable obligation in accordance with their pro rata
20 liability.
21     If equity requires, the collective liability of some as a
22 group shall constitute a single share.
23 (Source: P.A. 81-601.)
 
24     (740 ILCS 100/4 rep.)
25     Section 15. The Joint Tortfeasor Contribution Act is
26 amended by repealing Section 4.