Public Act 93-0010

HB2784 Enrolled                      LRB093 07588 WGH 07765 b

    AN ACT in relation to civil procedure.

    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)
    (Text of Section WITHOUT the changes made by  P.A.  89-7,
which has been held unconstitutional)
    Sec. 2-1117.  Joint liability.
    Except  as  provided  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 who could have been
sued  by  the  plaintiff,  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 who could have been
sued  by the plaintiff, shall be jointly and severally liable
for all other damages.
(Source: P.A. 84-1431.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.