SB1695 97TH GENERAL ASSEMBLY

LRB097 05430 AJO 45488 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1695

Introduced 2/9/2011, by Sen. John J. Millner

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-1117

from Ch. 110, par. 2-1117

Amends the Code of Civil Procedure. In provisions concerning joint liability provides that a municipality, or any employee, officer, or agent of a municipality, is liable only for the percentage of fault attributable to it by the trier of fact.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 2-1117 as follows:

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

Sec. 2-1117. Joint liability.

(a) Except as provided in subsection (b) and in Section 2-1118, in actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, all defendants found liable are jointly and severally liable for plaintiff's past and future medical and medically related expenses. Any defendant whose fault, as determined by the trier of fact, 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, shall be severally liable for all other damages. Any defendant whose fault, as determined by the trier of fact, 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, shall be jointly and severally liable for all other damages.

(b) A municipality, or any employee, officer, or agent of a municipality, is liable only for the percentage of fault attributable to it by the trier of fact.

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