093_SB0729ham001

 










                                     LRB093 02915 WGH 16237 a

 1                    AMENDMENT TO SENATE BILL 729

 2        AMENDMENT NO.     .  Amend Senate Bill 729  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Code of Civil Procedure is amended, if
 5    and only if House Bill 2784  of  the  93rd  General  Assembly
 6    becomes  law  in  the  form  in  which  it passed the General
 7    Assembly, by changing Section 2-1117 as follows:

 8        (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
 9        (Text of Section WITHOUT the changes made by  P.A.  89-7,
10    which has been held unconstitutional)
11        Sec. 2-1117.  Joint liability.
12        Except  as  provided  in  Section  2-1118,  in actions on
13    account of bodily injury  or  death  or  physical  damage  to
14    property,  based on negligence, or product liability based on
15    strict  tort  liability,  all  defendants  found  liable  are
16    jointly and severally liable for plaintiff's past and  future
17    medical  and medically related expenses.  Any defendant whose
18    fault, as determined by the trier of fact, is less  than  25%
19    of  the  total  fault  attributable  to  the  plaintiff,  the
20    defendants  sued  by  the  plaintiff,  and  any  third  party
21    defendant except the plaintiff's employer, shall be severally
22    liable  for all other damages.  Any defendant whose fault, as
 
                            -2-      LRB093 02915 WGH 16237 a
 1    determined by the trier of fact, is 25%  or  greater  of  the
 2    total  fault  attributable  to  the plaintiff, the defendants
 3    sued by the plaintiff, and any third party defendants  except
 4    the  plaintiff's  employer  who  could  have been sued by the
 5    plaintiff, shall be jointly  and  severally  liable  for  all
 6    other damages.
 7    (Source: 93HB2784enr.)

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