(735 ILCS 5/2-1115.05)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-1115.05.
Limitations on recovery of punitive damages
in cases other than healing art or legal malpractice cases.
(a) In all cases on account of bodily injury, or physical damage to
property based on negligence, or product liability based on any theory or
doctrine, other than those cases described in Section 2-1115, punitive damages
may
be awarded only if actual damages are awarded.
The amount of punitive damages that may be awarded for a claim in any civil
action subject to this Section shall not exceed 3 times the amount awarded to
the claimant for the economic damages on which such claim is based.
(b) To recover punitive damages in cases described in subsection (a), a
plaintiff must show by clear and
convincing evidence that the defendant's conduct was with evil motive or with a
reckless
and outrageous indifference to a highly unreasonable risk of harm and with a
conscious indifference to the rights and safety of
others.
"Clear and convincing evidence" means that measure or degree of proof that
will produce in the mind of the trier of fact a high degree of certainty as to
the truth of the allegations sought to be established.
This evidence requires
a greater degree of persuasion than is necessary to meet the preponderance of
the evidence standard.
(c) In any action including a claim for punitive
damages, a defendant
may request that the issues relating to punitive damages be
tried separately from the other issues in the action. If such a request is
made, the trier of fact shall first hear evidence relevant to, and
render a verdict upon, the defendant's
liability for compensatory damages and the amount thereof. If the trier of
fact makes an award of actual damages, the same trier of fact shall
immediately hear any additional evidence relevant to, and render a verdict
upon, the defendant's liability for punitive damages
and the amount thereof. If no award of actual damages is made, the claim
for punitive damages shall be dismissed. If the defendant
requests a separate proceeding concerning liability for punitive
damages pursuant to this Section, and the proceeding is held, evidence
relevant only to the claim of punitive damages shall be inadmissible in
any proceeding to determine whether compensatory damages are to be awarded.
(d) The limitations of subsection (a) shall not apply in a case in
which a plaintiff seeks damages against an individual on account of death,
bodily injury, or physical damage
to property
based on any theory or
doctrine due to an incident or occurrence for which the
individual has been charged and convicted of a criminal
act for which a period of incarceration is or may be a part of the sentence.
(e) Nothing in this Section shall be construed to create a right
to recover punitive damages.
(f) This amendatory Act of 1995 applies to causes of action accruing
on or after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
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