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90_HB0297enr
735 ILCS 5/2-1008 from Ch. 110, par. 2-1008
735 ILCS 5/13-209 from Ch. 110, par. 13-209
Amends the Code of Civil Procedure. Provides that when a
party or potential party to an action dies, the court may
appoint a special representative for the deceased for that
suit without the appointment being made in separate probate
proceedings. Provides that the appointment shall be made
upon the verified motion of a party entitled to participate
in the deceased's estate or upon the motion of a person
filing an action against the estate and that the special
representative shall give notice of the proceedings to the
heirs, legatees, and executors. Provides that the proceeds
from a judgment or settlement for the estate shall be
distributed under the Probate Act of 1975 and that the
recovery of a judgment against the estate shall be limited to
the amount of the estate's liability insurance. Excludes a
pending action under the Wrongful Death Act from these
provisions.
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HB0297 Enrolled LRB9000213PTcw
1 AN ACT concerning court proceedings.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Liquor Control Act of 1934 is amended by
5 changing Section 6-21 as follows:
6 (235 ILCS 5/6-21) (from Ch. 43, par. 135)
7 Sec. 6-21. (a) Every person who is injured within this
8 State, in person or property, by any intoxicated person has a
9 right of action in his or her own name, severally or jointly,
10 against any person, licensed under the laws of this State or
11 of any other state to sell alcoholic liquor, who, by selling
12 or giving alcoholic liquor, within or without the territorial
13 limits of this State, causes the intoxication of such person.
14 Any person at least 21 years of age who pays for a hotel or
15 motel room or facility knowing that the room or facility is
16 to be used by any person under 21 years of age for the
17 unlawful consumption of alcoholic liquors and such
18 consumption causes the intoxication of the person under 21
19 years of age, shall be liable to any person who is injured in
20 person or property by the intoxicated person under 21 years
21 of age. Any person owning, renting, leasing or permitting the
22 occupation of any building or premises with knowledge that
23 alcoholic liquors are to be sold therein, or who having
24 leased the same for other purposes, shall knowingly permit
25 therein the sale of any alcoholic liquors that have caused
26 the intoxication of any person, shall be liable, severally or
27 jointly, with the person selling or giving the liquors.
28 However, if such building or premises belong to a minor or
29 other person under guardianship the guardian of such person
30 shall be held liable instead of the ward. A married woman has
31 the same right to bring the action and to control it and the
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1 amount recovered as an unmarried woman. All damages recovered
2 by a minor under this Act shall be paid either to the minor,
3 or to his or her parent, guardian or next friend as the court
4 shall direct. The unlawful sale or gift of alcoholic liquor
5 works a forfeiture of all rights of the lessee or tenant
6 under any lease or contract of rent upon the premises where
7 the unlawful sale or gift takes place. All actions for
8 damages under this Act may be by any appropriate action in
9 the circuit court. An action shall lie for injuries to either
10 means of support or loss of society, but not both, caused by
11 an intoxicated person or in consequence of the intoxication
12 of any person resulting as hereinabove set out. "Loss of
13 society" means the mutual benefits that each family member
14 receives from the other's continued existence, including
15 love, affection, care, attention, companionship, comfort,
16 guidance, and protection. "Family" includes spouse,
17 children, parents, brothers, and sisters. The action, if the
18 person from whom support or society was furnished is living,
19 shall be brought by any person injured in means of support or
20 society in his or her name for his or her benefit and the
21 benefit of all other persons injured in means of support or
22 society. However, any person claiming to be injured in means
23 of support or society and not included in any action brought
24 hereunder may join by motion made within the times herein
25 provided for bringing such action or the personal
26 representative of the deceased person from whom such support
27 or society was furnished may so join. In every such action
28 the jury shall determine the amount of damages to be
29 recovered without regard to and with no special instructions
30 as to the dollar limits on recovery imposed by this Section.
31 The amount recovered in every such action is for the
32 exclusive benefit of the person injured in loss of support or
33 society and shall be distributed to such persons in the
34 proportions determined by the verdict rendered or judgment
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1 entered in the action. If the right of action is settled by
2 agreement with the personal representative of a deceased
3 person from whom support or society was furnished, the court
4 having jurisdiction of the estate of the deceased person
5 shall distribute the amount of the settlement to the person
6 injured in loss of support or society in the proportion, as
7 determined by the court, that the percentage of dependency of
8 each such person upon the deceased person bears to the sum of
9 the percentages of dependency of all such persons upon the
10 deceased person. For all causes of action involving persons
11 injured, killed, or incurring property damage before
12 September 12, 1985, in no event shall the judgment or
13 recovery under this Act for injury to the person or to the
14 property of any person as hereinabove set out exceed $15,000,
15 and recovery under this Act for loss of means of support
16 resulting from the death or injury of any person, as
17 hereinabove set out, shall not exceed $20,000. For all causes
18 of action involving persons injured, killed, or incurring
19 property damage after September 12, 1985 but before July 1,
20 1998, in no event shall the judgment or recovery for injury
21 to the person or property of any person exceed $30,000 for
22 each person incurring damages, and recovery under this Act
23 for loss of means of support resulting from the death or
24 injury of any person shall not exceed $40,000. For all causes
25 of action involving persons injured, killed, or incurring
26 property damage on or after July 1, 1998, in no event shall
27 the judgment or recovery for injury to the person or property
28 of any person exceed $45,000 for each person incurring
29 damages, and recovery under this Act for either loss of means
30 of support or loss of society resulting from the death or
31 injury of any person shall not exceed $55,000. Beginning in
32 1999, every January 20, these liability limits shall
33 automatically be increased or decreased, as applicable, by a
34 percentage equal to the percentage change in the consumer
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1 price index-u during the preceding 12-month calendar year.
2 "Consumer price index-u" means the index published by the
3 Bureau of Labor Statistics of the United States Department of
4 Labor that measures the average change in prices of goods and
5 services purchased by all urban consumers, United States city
6 average, all items, 1982-84 = 100. The new amount resulting
7 from each annual adjustment shall be determined by the
8 Comptroller and made available to the chief judge of each
9 judicial circuit. The liability limits at the time at which
10 damages subject to such limits are awarded by final judgment
11 or settlement shall be utilized by the courts. Nothing in
12 this Section bars any person from making separate claims
13 which, in the aggregate, exceed any one limit where such
14 person incurs more than one type of compensable damage,
15 including personal injury, property damage, and loss to means
16 of support or society. However, all persons claiming loss to
17 means of support or society shall be limited to an aggregate
18 recovery not to exceed the single limitation set forth herein
19 for the death or injury of each person from whom support or
20 society is claimed.
21 Nothing in this Act shall be construed to confer a cause
22 of action for injuries to the person or property of the
23 intoxicated person himself, nor shall anything in this Act be
24 construed to confer a cause of action for loss of means of
25 support or society on the intoxicated person himself or on
26 any person claiming to be supported by such intoxicated
27 person or claiming the society of such person. In conformance
28 with the rule of statutory construction enunciated in the
29 general Illinois saving provision in Section 4 of "An Act to
30 revise the law in relation to the construction of the
31 statutes", approved March 5, 1874, as amended, no amendment
32 of this Section purporting to abolish or having the effect of
33 abolishing a cause of action shall be applied to invalidate a
34 cause of action accruing before its effective date,
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1 irrespective of whether the amendment was passed before or
2 after the effective date of this amendatory Act of 1986.
3 Each action hereunder shall be barred unless commenced
4 within one year next after the cause of action accrued.
5 However, a licensed distributor or brewer whose only
6 connection with the furnishing of alcoholic liquor which is
7 alleged to have caused intoxication was the furnishing or
8 maintaining of any apparatus for the dispensing or cooling of
9 beer is not liable under this Section, and if such licensee
10 is named as a defendant, a proper motion to dismiss shall be
11 granted.
12 (b) Any person licensed under any state or local law to
13 sell alcoholic liquor, whether or not a citizen or resident
14 of this State, who in person or through an agent causes the
15 intoxication, by the sale or gift of alcoholic liquor, of any
16 person who, while intoxicated, causes injury to any person or
17 property in the State of Illinois thereby submits such
18 licensed person, and, if an individual, his or her personal
19 representative, to the jurisdiction of the courts of this
20 State for a cause of action arising under subsection (a)
21 above.
22 Service of process upon any person who is subject to the
23 jurisdiction of the courts of this State, as provided in this
24 subsection, may be made by personally serving the summons
25 upon the defendant outside this State, as provided in the
26 Code of Civil Procedure, as now or hereafter amended, with
27 the same force and effect as though summons had been
28 personally served within this State.
29 Only causes of action arising under subsection (a) above
30 may be asserted against a defendant in an action in which
31 jurisdiction over him or her is based upon this subsection.
32 Nothing herein contained limits or affects the right to
33 serve any process in any other manner now or hereafter
34 provided by law.
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1 (Source: P.A. 84-1308; 84-1380; 84-1381; 84-1438.)
2 Section 5. The Code of Civil Procedure is amended by
3 changing Sections 2-1008 and 13-209 as follows:
4 (735 ILCS 5/2-1008) (from Ch. 110, par. 2-1008)
5 Sec. 2-1008. Abatement; change of interest or liability;
6 substitution of parties.
7 (a) Change of interest or liability. If by reason of
8 marriage, bankruptcy, assignment, or any other event
9 occurring after the commencement of a cause or proceeding,
10 either before or after judgment, causing a change or
11 transmission of interest or liability, or by reason of any
12 person interested coming into existence after commencement of
13 the action, it becomes necessary or desirable that any person
14 not already a party be before the court, or that any person
15 already a party be made party in another capacity, the action
16 does not abate, but on motion an order may be entered that
17 the proper parties be substituted or added, and that the
18 cause or proceeding be carried on with the remaining parties
19 and new parties, with or without a change in the title of the
20 cause.
21 (b) Death. If a party to an action dies and the action
22 is one which survives, the proper party or parties may be
23 substituted by order of court upon motion as follows:.
24 (1) If no petition for letters of office for the
25 decedent's estate has been filed, the court may appoint a
26 special representative for the deceased for the purpose
27 of prosecuting the action. The appointment shall be on
28 verified motion of any party who appears entitled to
29 participate in the deceased's estate, reciting the names
30 and last known addresses of all known heirs and the
31 legatees and executor named in any will that has been
32 filed. The court's determination that a person appears
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1 entitled to participate in the deceased's estate shall be
2 solely for purposes of this Section and not determinative
3 of rights in final disposition. Within 90 days after
4 appointment, the special representative shall notify the
5 heirs and legatees of the following information by mail:
6 that an appointment has been made, the court in which the
7 case was filed, the caption of the case, and a
8 description of the nature of the case. The special
9 representative shall publish notice to unknown heirs and
10 legatees as provided in the Probate Act of 1975. If a
11 will is filed within 90 days after the appointment of the
12 special representative, the same notice shall be given to
13 any additional executors and legatees named in the will.
14 At any time that an estate is opened with a
15 representative other than the special representative, the
16 court may upon motion substitute the representative for
17 the special representative. In this case, the court
18 shall allow disbursements and fees of the special
19 representative and his or her attorney as a claim against
20 any proceeds received. The proceeds of any judgment or
21 settlement shall be distributed under the provisions of
22 the Probate Act of 1975. This paragraph (1) does not
23 apply to actions pending under the Wrongful Death Act.
24 (2) If a person against whom an action has been
25 brought dies, and the cause of action survives and is not
26 otherwise barred, his or her personal representative
27 shall be substituted as a party. If no petition has been
28 filed for letters of office for the deceased's estate,
29 the court, upon the motion of a person bringing an action
30 and after the notice to the party's heirs or legatees as
31 the court directs and without opening an estate, may
32 appoint a special representative for the deceased party
33 for the purposes of defending the action. If a party
34 elects to have a special representative appointed under
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1 this paragraph (2), the recovery shall be limited to the
2 proceeds of any liability insurance protecting the estate
3 and shall not bar the estate from enforcing any claims
4 that might have been available to it as counterclaims.
5 If a motion to substitute is not filed within 90 days
6 after the death is suggested of record, the action may be
7 dismissed as to the deceased party.
8 If the death of a party to a personal action is suggested
9 of record and no petition for letters of office for his or
10 her estate has been filed, the court, upon motion and after
11 such notice to the party's heirs or legatees as the court
12 directs, and without opening of an estate, may appoint a
13 special administrator for the deceased party for the purpose
14 of prosecuting or defending the action. If a legal
15 representative is appointed for the estate before judgment is
16 entered, and his or her appointment is suggested of record in
17 the action, the court shall order that the representative be
18 substituted for the special administrator.
19 If a judgment is entered or the action is settled in
20 favor of the special administrator, he or she shall
21 distribute the proceeds as provided by law, except that if
22 proceeds in excess of $1,000 are distributable to a minor or
23 person under legal disability, the court shall allow
24 disbursements and fees to the special administrator and his
25 or her attorney and the balance shall be administered and
26 distributed under the supervision of the probate division of
27 the court.
28 In the event of the death of a party in an action in
29 which the right sought to be enforced survives only as to the
30 remaining parties to the action, the action does not abate.
31 The death shall be suggested of record and the action shall
32 proceed in favor of or against the remaining parties.
33 No action brought for the use of another abates by reason
34 of the death of the plaintiff whose name is used but may be
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1 maintained by the party for whose use it was brought in his
2 or her own name upon suggesting the death of record and the
3 entry of an order of substitution.
4 (c) Legal disability. If a party is declared to be a
5 person under legal disability, that fact shall be suggested
6 of record and the prosecution or defense shall be maintained
7 by his or her representative, guardian ad litem or next
8 friend, as may be appropriate.
9 (d) Trustees; public officers. If any trustee or any
10 public officer ceases to hold the trust or office and that
11 fact is suggested of record, the action shall proceed in
12 favor of or against his or her successor.
13 (e) Service of process. Parties against whom relief is
14 sought, substituted under subsection (a) hereof, shall be
15 brought in by service of process. Service of process on
16 parties substituted under subsections (b), (c), and (d)
17 hereof is not required, but notice shall be given as the
18 court may direct.
19 (Source: P.A. 83-707.)
20 (735 ILCS 5/13-209) (from Ch. 110, par. 13-209)
21 Sec. 13-209. Death of party.
22 (a) If a person entitled to bring an action dies before
23 the expiration of the time limited for the commencement
24 thereof, and the cause of action survives:,
25 (1) an action may be commenced by his or her
26 representative before the expiration of that time, or
27 within one year from his or her death whichever date is
28 the later;
29 (2) if no petition for letters of office for the
30 decedent's estate has been filed, the court may appoint a
31 special representative for the deceased for the purpose
32 of prosecuting the action. The appointment shall be on
33 verified motion of any party who appears entitled to
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1 participate in the deceased's estate, reciting the names
2 and last known addresses of all known heirs and the
3 legatees and executor named in any will that has been
4 filed. The court's determination that a person appears
5 entitled to participate in the deceased's estate shall be
6 solely for purposes of this Section and not determinative
7 of rights in final disposition. Within 90 days after
8 appointment, the special representative shall notify the
9 heirs and legatees of the following information by mail:
10 that an appointment has been made, the court in which the
11 case was filed, the caption of the case, and a
12 description of the nature of the case. The special
13 representative shall publish notice to unknown heirs and
14 legatees as provided in the Probate Act of 1975. If a
15 will is filed within 90 days after the appointment of the
16 special representative, the same notice shall be given to
17 any additional executors and legatees named in the will.
18 At any time that an estate is opened with a
19 representative other than the special representative, the
20 court may upon motion substitute the representative for
21 the special representative. In this case, the court
22 shall allow disbursements and fees of the special
23 representative and his or her attorney as a claim against
24 any proceeds received. The proceeds of any judgment or
25 settlement shall be distributed under the provisions of
26 the Probate Act of 1975.
27 (b) If a person against whom an action may be brought
28 dies before the expiration of the time limited for the
29 commencement thereof, and the cause of action survives, and
30 is not otherwise barred:,
31 (1) an action may be commenced against his or her
32 personal representative after the expiration of the time
33 limited for the commencement of the action, and within 6
34 months after the person's death;
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1 (2) if no petition has been filed for letters of
2 office for the deceased's estate, the court, upon the
3 motion of a person entitled to bring an action and after
4 the notice to the party's heirs or legatees as the court
5 directs and without opening an estate, may appoint a
6 special representative for the deceased party for the
7 purposes of defending the action. If a party elects to
8 have a special representative appointed under this
9 paragraph (2), the recovery shall be limited to the
10 proceeds of any liability insurance protecting the estate
11 and shall not bar the estate from enforcing any claims
12 that might have been available to it as counterclaims.
13 (c) If a party commences an action against a deceased
14 person whose death is unknown to the party before the
15 expiration of the time limited for the commencement thereof,
16 and the cause of action survives, and is not otherwise
17 barred, the action may be commenced against the deceased
18 person's personal representative if all of the following
19 terms and conditions are met:
20 (1) After learning of the death, the party proceeds
21 with reasonable diligence to move the court for leave to
22 file an amended complaint, substituting the personal
23 representative as defendant.
24 (2) The party proceeds with reasonable diligence to
25 serve process upon the personal representative.
26 (3) If process is served more than 6 months after
27 the issuance of letters of office, liability of the
28 estate is limited as to recovery to the extent the estate
29 is protected by liability insurance.
30 (4) In no event can a party commence an action
31 under this subsection (c) unless a personal
32 representative is appointed and an amended complaint is
33 filed within 2 years of the time limited for the
34 commencement of the original action.
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1 (Source: P.A. 86-793; 86-815; 86-1028.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.