Full Text of SB1562 95th General Assembly
SB1562 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1562
Introduced 2/9/2007, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
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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. |
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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.
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A BILL FOR
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SB1562 |
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LRB095 07381 AJO 27523 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 | 5 |
| 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. 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 |
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SB1562 |
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LRB095 07381 AJO 27523 b |
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| amount of damages obtained by applying the percentage of | 2 |
| contributing fault of that defendant to the amount of the | 3 |
| plaintiff's damages, as determined by the trier of fact. No | 4 |
| defendant shall be jointly and severally liable for plaintiff's | 5 |
| damages. , all defendants found liable are jointly and
severally | 6 |
| liable for plaintiff's past and future medical and medically
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| related expenses. Any defendant whose fault, as determined by | 8 |
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trier of fact, is less than 25% of the total fault | 9 |
| attributable to the
plaintiff, the defendants sued by the | 10 |
| plaintiff, and any third party
defendant except the plaintiff's | 11 |
| employer, shall be severally
liable for all other damages. Any | 12 |
| defendant whose fault, as
determined by the trier of fact, is | 13 |
| 25% or greater of the total fault
attributable to the | 14 |
| plaintiff, the defendants sued by the plaintiff, and
any third | 15 |
| party defendants except the plaintiff's employer, shall
be | 16 |
| jointly and severally liable for all other damages.
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| (Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)
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| Section 10. The Joint Tortfeasor Contribution Act is | 19 |
| amended by changing Section 3 as follows:
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| (740 ILCS 100/3) (from Ch. 70, par. 303)
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| Sec. 3. Amount of Contribution. The pro rata share of each | 22 |
| tortfeasor shall
be determined in accordance with his relative | 23 |
| culpability. However, no
person shall be required to contribute | 24 |
| to one seeking contribution an amount
greater than his pro rata |
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SB1562 |
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LRB095 07381 AJO 27523 b |
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| share unless the obligation of one or more of
the joint | 2 |
| tortfeasors is uncollectable. In that event, the remaining | 3 |
| tortfeasors
shall share the unpaid portions of the | 4 |
| uncollectable obligation in accordance
with their pro rata | 5 |
| liability .
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| If equity requires, the collective liability of some as a | 7 |
| group shall constitute
a single share.
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| (Source: P.A. 81-601.)
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| (740 ILCS 100/4 rep.)
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| Section 15. The Joint Tortfeasor Contribution Act is | 11 |
| amended by repealing Section 4.
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