(735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1107.1.
Jury instruction in tort actions.
In all actions
on account of bodily injury or death or physical damage to
property based on
negligence, or product liability based on any theory or doctrine, the court
shall
instruct the jury in writing, to the extent that it is true, that any award
of compensatory damages or punitive damages will not be taxable under federal
or State income tax law. The court shall not inform or instruct the jury
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, but it shall be the duty of the court to deny recovery if the jury
finds that the plaintiff's contributory fault is more than 50% of the proximate
cause of the injury or damage. The court shall not inform or instruct the jury
concerning any limitations in the amount of non-economic damages or punitive
damages that are recoverable, but it shall be the duty of the trial court upon
entering judgment to reduce any award in excess of such limitation to no more
than the proper limitation.
This amendatory Act of 1995 applies to causes of action filed on or
after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1107.1.
Jury instruction in tort actions.
In all actions
on account of bodily injury or death or physical damage to
property based on
negligence, or product liability based on strict tort liability, 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.
(Source: P.A. 84-1431.)
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