100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0723

 

Introduced 1/30/2017, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/Art. VIII, Pt. 29 heading new
735 ILCS 5/8-2901 new

    Amends the Code of Civil Procedure. Provides that in any case in which the plaintiff makes a claim based upon exposure to asbestos, the following issues are relevant to the determination of liability and damages: (1) whether the plaintiff had exposure to any asbestos manufactured by, processed by, or otherwise associated with any entity other than the defendant; (2) whether the plaintiff's exposure to asbestos was to asbestos exclusively manufactured by, processed by, or otherwise associated with the defendant; and (3) whether there is a causal relationship between the plaintiff's alleged injuries and the asbestos manufactured by, processed by, or otherwise associated with the defendant. Provides that the court shall allow the parties to present evidence concerning these issues and that the trier of fact shall determine liability and damages based on these issues, together with any other relevant issues. Effective immediately.


LRB100 07037 HEP 17091 b

 

 

A BILL FOR

 

SB0723LRB100 07037 HEP 17091 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by adding
5Part 29 to Article VIII as follows:
 
6    (735 ILCS 5/Art. VIII, Pt. 29 heading new)
7
Part 29. Asbestos

 
8    (735 ILCS 5/8-2901 new)
9    Sec. 8-2901. Asbestos. In any case in which the plaintiff
10makes a claim based upon exposure to asbestos, the following
11issues are relevant to the determination of liability and
12damages:
13        (1) whether the plaintiff had exposure to any asbestos
14    manufactured by, processed by, or otherwise associated
15    with any entity other than the defendant;
16        (2) whether the plaintiff's exposure to asbestos was to
17    asbestos exclusively manufactured by, processed by, or
18    otherwise associated with the defendant; and
19        (3) whether there is a causal relationship between the
20    plaintiff's alleged injuries and the asbestos manufactured
21    by, processed by, or otherwise associated with the
22    defendant.

 

 

SB0723- 2 -LRB100 07037 HEP 17091 b

1    The court shall allow the parties to present evidence
2concerning these issues, and the trier of fact shall determine
3liability and damages based on these issues, together with any
4other relevant issues.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.