Illinois General Assembly - Full Text of SB0376
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Full Text of SB0376  102nd General Assembly

SB0376 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0376

 

Introduced 2/19/2021, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1107.1  from Ch. 110, par. 2-1107.1
735 ILCS 5/2-1117  from Ch. 110, par. 2-1117

    Amends and reenacts provisions of the Civil Practice Article of the Code of Civil Procedure concerning actions on account of bodily injury or death or physical damage to property based on negligence or product liability based on strict tort liability. Provides that the court shall not instruct the jury of the consequence of any findings of fault of any plaintiff or defendant under specified provisions of the Code. Deletes language providing that the court shall instruct the jury in writing that the defendant shall be found not liable if the jury finds that the contributory fault of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought. In the Section concerning joint liability, deletes language providing that: any defendant whose fault is less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant except the plaintiff's employer, is severally liable for non-medical damages; and any defendant whose fault is 25% or greater of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendants except the plaintiff's employer, is jointly and severally liable for non-medical damages. Adds language providing that: any defendant whose fault is less than 25% of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is severally liable for non-medical damages; and any defendant whose fault is 25% or greater of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is jointly and severally liable for non-medical damages. Contains applicability provisions.


LRB102 10632 LNS 15961 b

 

 

A BILL FOR

 

SB0376LRB102 10632 LNS 15961 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5reenacting and changing Section 2-1107.1 and by changing
6Section 2-1117 as follows:
 
7    (735 ILCS 5/2-1107.1)  (from Ch. 110, par. 2-1107.1)
8    (Text of Section WITHOUT the changes made by P.A. 89-7,
9which has been held unconstitutional)
10    Sec. 2-1107.1. Jury instruction in tort actions. In all
11actions on account of bodily injury or death or physical
12damage to property based on negligence, or product liability
13based on strict tort liability, the court shall not instruct
14the jury of the consequence of any findings of fault of any
15plaintiff or defendant pursuant to Section 2-1116 or 2-1117 in
16writing that the defendant shall be found not liable if the
17jury finds that the contributory fault of the plaintiff is
18more than 50% of the proximate cause of the injury or damage
19for which recovery is sought.
20    The changes to this Section made by this amendatory Act of
21the 102nd General Assembly apply to causes of action accruing
22on or after the effective date of this amendatory Act of the
23102nd General Assembly.

 

 

SB0376- 2 -LRB102 10632 LNS 15961 b

1(Source: P.A. 84-1431.)
 
2    (735 ILCS 5/2-1117)  (from Ch. 110, par. 2-1117)
3    Sec. 2-1117. Joint liability. Except as provided in
4Section 2-1118, in actions on account of bodily injury or
5death or physical damage to property, based on negligence, or
6product liability based on strict tort liability, all
7defendants found liable are jointly and severally liable for
8plaintiff's past and future medical and medically related
9expenses. Any defendant whose fault, as determined by the
10trier of fact, is less than 25% of the proximate cause of the
11injury or damage for which recovery is sought by the plaintiff
12total fault attributable to the plaintiff, the defendants sued
13by the plaintiff, and any third party defendant except the
14plaintiff's employer, shall be severally liable for all other
15damages. Any defendant whose fault, as determined by the trier
16of fact, is 25% or greater of the proximate cause of the injury
17or damage for which recovery is sought by the plaintiff total
18fault attributable to the plaintiff, the defendants sued by
19the plaintiff, and any third party defendants except the
20plaintiff's employer, shall be jointly and severally liable
21for all other damages.
22    The changes to this Section made by this amendatory Act of
23the 102nd General Assembly apply to causes of action accruing
24on or after the effective date of this amendatory Act of the
25102nd General Assembly.

 

 

SB0376- 3 -LRB102 10632 LNS 15961 b

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