Rep. Randy Ramey, Jr.

Filed: 4/8/2011

 

 


 

 


 
09700HB1032ham002LRB097 03852 WGH 54156 a

1
AMENDMENT TO HOUSE BILL 1032

2    AMENDMENT NO. ______. Amend House Bill 1032, AS AMENDED, by
3replacing the title with the following:
4    "AN ACT concerning civil law."; and
 
5by inserting immediately after Sec. 22 of Section 5-915 the
6following:
 
7
"ARTICLE 10. PRODUCT LIABILITY

 
8    Section 10-1. Purpose.
9    (a) The General Assembly finds and declares that:
10        (1) "An Act to amend certain Acts in relation to civil
11    actions, which may be referred to as the Civil Justice
12    Reform Amendments of 1995", Public Act 89-7, approved March
13    9, 1995, added Part 21 to Article II of the Code of Civil
14    Procedure. Public Act 89-7 also contained other
15    provisions.

 

 

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1        (2) In Best v. Taylor Machine Works, 179 Ill. 2d 367
2    (1997), the Illinois Supreme Court held that Public Act
3    89-7 was void in its entirety.
4        (3) The provisions of Public Act 89-7 adding Part 21 to
5    Article II of the Code of Civil Procedure are of vital
6    concern to the people of this State, and legislative action
7    concerning these provisions is necessary.
8    (b) It is the purpose of this Article to re-enact the
9provisions of Public Act 89-7 adding Part 21 to Article II of
10the Code of Civil Procedure. This Article is intended to remove
11any questions as to the validity or content of those
12provisions.
13    (c) This Article is not intended to supersede any other
14Public Act. The re-enacted material is shown as existing text
15(i.e., without striking or underscoring) except for the changes
16made by this Article to Section 2-2109 of the Code of Civil
17Procedure, which are shown with striking and underscoring.
 
18    Section 10-5. The Code of Civil Procedure is amended by
19re-enacting the heading of Part 21 of Article II and Sections
202-2101, 2-2102, 2-2103, 2-2104, 2-2105, 2-2106, 2-2106.5,
212-2107, and 2-2108 and by re-enacting and changing Section
222-2109 as follows:
 
23    (735 ILCS 5/Art. II Pt. 21 heading)
24
PART 21. PRODUCT LIABILITY

 

 

 

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1    (735 ILCS 5/2-2101)
2    Sec. 2-2101. Definitions. For purposes of this Part, the
3terms listed have the following meanings:
4    "Clear and convincing evidence" means that measure or
5degree of proof that will produce in the mind of the trier of
6fact a high degree of certainty as to the truth of the
7allegations sought to be established. This evidence requires a
8greater degree of persuasion than is necessary to meet the
9preponderance of the evidence standard.
10    "Harm" means (i) damage to property other than the product
11itself; (ii) personal physical injury, illness, or death; (iii)
12mental anguish or emotional harm to the extent recognized by
13applicable law; (iv) any loss of consortium or services; or (v)
14other loss deriving from any type of harm described in item
15(i), (ii), (iii), or (iv).
16    "Manufacturer" means (i) any person who is engaged in a
17business to design or formulate and to produce, create, make,
18or construct any product or component part of a product; (ii) a
19product seller with respect to all component parts of a product
20or a component part of a product that is created or affected
21when, before placing the product in the stream of commerce, the
22product seller designs or formulates and produces, creates,
23makes, or constructs an aspect of a product or a component part
24of a product made by another; or (iii) any product seller not
25described in (ii) that holds itself out as a manufacturer to

 

 

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1the user of the product.
2    "Product liability action" means a civil action brought on
3any theory against a manufacturer or product seller for harm
4caused by a product.
5    "Product seller" means a person who, in the course of a
6business conducted for that purpose, sells, distributes,
7leases, installs, prepares, blends, packages, labels, markets,
8repairs, maintains, or otherwise is involved in placing a
9product in the stream of commerce.
10(Source: P.A. 89-7, eff. 3-9-95.)
 
11    (735 ILCS 5/2-2102)
12    Sec. 2-2102. Effect on other laws. Except as may be
13provided by other laws, any civil action that conforms to the
14definition of a product liability action as defined in Section
152-2101 of this Part shall be governed by the provisions of this
16Part.
17(Source: P.A. 89-7, eff. 3-9-95.)
 
18    (735 ILCS 5/2-2103)
19    Sec. 2-2103. Federal and State standards; presumption. In a
20product liability action, a product or product component shall
21be presumed to be reasonably safe if the aspect of the product
22or product component that allegedly caused the harm was
23specified or required, or if the aspect is specifically
24exempted for particular applications or users, by a federal or

 

 

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1State statute or regulation promulgated by an agency of the
2federal or State government responsible for the safety or use
3of the product before the product was distributed into the
4stream of commerce.
5(Source: P.A. 89-7, eff. 3-9-95.)
 
6    (735 ILCS 5/2-2104)
7    Sec. 2-2104. No practical and feasible alternative design;
8presumption. If the design of a product or product component
9is in issue in a product liability action, the design shall be
10presumed to be reasonably safe unless, at the time the product
11left the control of the manufacturer, a practical and
12technically feasible alternative design was available that
13would have prevented the harm without significantly impairing
14the usefulness, desirability, or marketability of the product.
15An alternative design is practical and feasible if the
16technical, medical, or scientific knowledge relating to safety
17of the alternative design was, at the time the product left the
18control of the manufacturer, available and developed for
19commercial use and acceptable in the marketplace.
20(Source: P.A. 89-7, eff. 3-9-95.)
 
21    (735 ILCS 5/2-2105)
22    Sec. 2-2105. Changes in design or warning;
23inadmissibility. When measures are taken which, if taken
24previously, would have made an event less likely to occur,

 

 

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1evidence of the subsequent measures is not admissible to prove
2a defect in a product, negligence, or culpable conduct in
3connection with the event. In a product liability action
4brought under any theory or doctrine, if the feasibility of a
5design change or change in warnings is not controverted, then a
6subsequent design change or change in warnings shall not be
7admissible into evidence. This rule does not require the
8exclusion of evidence of subsequent measures when offered for
9another purpose such as proving ownership, control, or
10impeachment.
11(Source: P.A. 89-7, eff. 3-9-95.)
 
12    (735 ILCS 5/2-2106)
13    Sec. 2-2106. Provision of written warnings to users of
14product; nonliability.
15    (a) The warning, instructing, or labeling of a product or
16specific product component shall be deemed to be adequate if
17pamphlets, booklets, labels, or other written warnings were
18provided that gave adequate notice to reasonably anticipated
19users or knowledgeable intermediaries of the material risks of
20injury, death, or property damage connected with the reasonably
21anticipated use of the product and instructions as to the
22reasonably anticipated uses, applications, or limitations of
23the product anticipated by the defendant.
24    (b) In the defense of a product liability action, warnings,
25instructions or labeling shall be deemed to be adequate if the

 

 

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1warnings, instructions or labels furnished with the product
2were in conformity with the generally recognized standards in
3the industry at the time the product was distributed into the
4stream of commerce.
5    (c) Notwithstanding subsections (a) and (b), a defendant
6shall not be liable for failure to warn of material risks that
7were obvious to a reasonably prudent product user and material
8risks that were a matter of common knowledge to persons in the
9same position as or similar positions to that of the plaintiff
10in a product liability action.
11    (d) In any product liability action brought against a
12manufacturer or product seller for harm allegedly caused by a
13failure to provide adequate warnings or instructions, a
14defendant manufacturer or product seller shall not be liable
15if, at the time the product left the control of the
16manufacturer, the knowledge of the danger that caused the harm
17was not reasonably available or obtainable in light of existing
18scientific, technical, or medical information.
19(Source: P.A. 89-7, eff. 3-9-95.)
 
20    (735 ILCS 5/2-2106.5)
21    Sec. 2-2106.5. Inherent characteristics of products;
22nonliability. In a product liability action, a manufacturer or
23product seller shall not be liable for harm allegedly caused by
24a product if the alleged harm was caused by an inherent
25characteristic of the product which is a generic aspect of the

 

 

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1product that cannot be eliminated without substantially
2compromising the product's usefulness or desirability and
3which is recognized by the ordinary person with the ordinary
4knowledge common to the community.
5(Source: P.A. 89-7, eff. 3-9-95.)
 
6    (735 ILCS 5/2-2107)
7    Sec. 2-2107. Punitive damages. In a product liability
8action, punitive damages shall not be awarded against a
9manufacturer or product seller if the conduct of the defendant
10manufacturer, seller, or reseller that allegedly caused the
11harm was approved by or was in compliance with standards set
12forth in an applicable federal or State statute or in a
13regulation or other administrative action promulgated by an
14agency of the federal or State government responsible for the
15safety or use of the product, which statute or regulation was
16in effect at the time of the manufacturer's or product seller's
17alleged misconduct, unless the plaintiff proves by clear and
18convincing evidence that the manufacturer or product seller
19intentionally withheld from or misrepresented to Congress, the
20State legislature, or the relevant federal or State agency
21material information relative to the safety or use of the
22product that would or could have resulted in a changed decision
23relative to the law, standard, or other administrative action.
24(Source: P.A. 89-7, eff. 3-9-95.)
 

 

 

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1    (735 ILCS 5/2-2108)
2    Sec. 2-2108. No cause of action created. Nothing in this
3Part shall be construed to create a cause of action.
4(Source: P.A. 89-7, eff. 3-9-95.)
 
5    (735 ILCS 5/2-2109)
6    Sec. 2-2109. This amendatory Act of the 97th General
7Assembly 1995 adding Part 21 to the Code of Civil Procedure
8applies to causes of action accruing on or after its effective
9date.
10(Source: P.A. 89-7, eff. 3-9-95.)
 
11
ARTICLE 15. VENUE
12    Section 15-5. The Code of Civil Procedure is amended by
13changing Sections 2-101, 2-102, 2-103, and 2-104 as follows:
 
14    (735 ILCS 5/2-101)  (from Ch. 110, par. 2-101)
15    Sec. 2-101. Generally. Except as otherwise provided in this
16Act, every action must be commenced (1) in the county of
17residence of any defendant who is joined in good faith and with
18probable cause for the purpose of obtaining a judgment against
19him or her and not solely for the purpose of fixing venue in
20that county, or (2) in the county in which the transaction or
21some part thereof occurred out of which the cause of action
22arose.
23    If a check, draft, money order, or other instrument for the

 

 

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1payment of child support payable to or delivered to the State
2Disbursement Unit established under Section 10-26 of the
3Illinois Public Aid Code is returned by the bank or depository
4for any reason, venue for the enforcement of any criminal
5proceedings or civil cause of action for recovery and attorney
6fees shall be in the county where the principal office of the
7State Disbursement Unit is located.
8    If no all defendants that are joined in good faith and with
9probable cause for the purpose of obtaining a judgment against
10them are residents nonresidents of the State, an action may be
11commenced only in the county in which the transaction or some
12part thereof occurred out of which the cause of action arose
13any county.
14    If the corporate limits of a city, village or town extend
15into more than one county, then the venue of an action or
16proceeding instituted by that municipality to enforce any fine,
17imprisonment, penalty or forfeiture for violation of any
18ordinance of that municipality, regardless of the county in
19which the violation was committed or occurred, may be in the
20appropriate court (i) in the county wherein the office of the
21clerk of the municipality is located or (ii) in any county in
22which at least 35% of the territory within the municipality's
23corporate limits is located.
24    The changes made by this amendatory Act of the 97th General
25Assembly apply to actions filed on or after its effective date.
26(Source: P.A. 91-212, eff. 7-20-99.)
 

 

 

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1    (735 ILCS 5/2-102)  (from Ch. 110, par. 2-102)
2    Sec. 2-102. Residence of corporations, voluntary
3unincorporated associations and partnerships defined. For
4purposes of venue, the following definitions apply:
5    (a) Any private corporation or railroad or bridge company,
6organized under the laws of this State, and any foreign
7corporation authorized to transact business in this State is a
8resident of any county in which it has its registered office or
9other office or is doing business. A foreign corporation not
10authorized to transact business in this State is a nonresident
11of this State.
12    (b) A partnership sued in its firm name is a resident of
13any county in which any partner resides or in which the
14partnership has an office or is doing business. A partnership
15sued in its firm name, of which all partners are nonresidents
16of this State and which does not have an office or do business
17in this State, is a nonresident of this State.
18    (c) A voluntary unincorporated association sued in its own
19name is a resident of any county in which the association has
20an office or, if on due inquiry no office can be found, in
21which any officer of the association resides. A voluntary
22unincorporated association sued in its own name, of which all
23its members are nonresidents of this State and which does not
24have an office or do business in this State, is a nonresident
25of this State.

 

 

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1    (d) The changes made by this amendatory Act of the 97th
2General Assembly apply to actions filed on or after its
3effective date.
4(Source: P.A. 83-901.)
 
5    (735 ILCS 5/2-103)  (from Ch. 110, par. 2-103)
6    Sec. 2-103. Public corporations - Local actions - Libel -
7Insurance companies.
8    (a) Actions must be brought against a public, municipal,
9governmental or quasi-municipal corporation in the county in
10which its principal office is located or in the county in which
11the transaction or some part thereof occurred out of which the
12cause of action arose. Except as otherwise provided in Section
137-102 of this Code, if the cause of action is related to an
14airport owned by a unit of local government or the property or
15aircraft operations thereof, however, including an action
16challenging the constitutionality of this amendatory Act of the
1793rd General Assembly, the action must be brought in the county
18in which the unit of local government's principal office is
19located. Actions to recover damage to real estate which may be
20overflowed or otherwise damaged by reason of any act of the
21corporation may be brought in the county where the real estate
22or some part of it is situated, or in the county where the
23corporation is located, at the option of the party claiming to
24be injured. Except as otherwise provided in Section 7-102 of
25this Code, any cause of action that is related to an airport

 

 

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1owned by a unit of local government, and that is pending on or
2after the effective date of this amendatory Act of the 93rd
3General Assembly in a county other than the county in which the
4unit of local government's principal office is located, shall
5be transferred, upon motion of any party under Section 2-106 of
6this Code, to the county in which the unit of local
7government's principal office is located.
8    (b) Any action to quiet title to real estate, or to
9partition or recover possession thereof or to foreclose a
10mortgage or other lien thereon, must be brought in the county
11in which the real estate or some part of it is situated.
12    (c) Any action which is made local by any statute must be
13brought in the county designated in the statute.
14    (d) Every action against any owner, publisher, editor,
15author or printer of a newspaper or magazine of general
16circulation for libel contained in that newspaper or magazine
17may be commenced only in the county in which the defendant
18resides or has his, her or its principal office or in which the
19article was composed or printed, except when the defendant
20resides or the article was printed without this State, in
21either of which cases the action may be commenced in any county
22in which the libel was circulated or published.
23    (e) (Blank). Actions against any insurance company
24incorporated under the law of this State or doing business in
25this State may also be brought in any county in which the
26plaintiff or one of the plaintiffs may reside.

 

 

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1    (f) The changes made by this amendatory Act of the 97th
2General Assembly apply to actions filed on or after its
3effective date.
4(Source: P.A. 93-450, eff. 8-6-03.)
 
5    (735 ILCS 5/2-104)  (from Ch. 110, par. 2-104)
6    Sec. 2-104. Wrong venue - Waiver - Motion to transfer. (a)
7No order or judgment is void because rendered in the wrong
8venue, except in case of judgment by confession as provided in
9subsection (c) of Section 2-1301 of this Act. No action shall
10abate or be dismissed because commenced in the wrong venue if
11there is a proper venue to which the cause may be transferred.
12If no defendants are residents of this State, and the
13transaction, or some part thereof, out of which the cause of
14action arose did not occur in this State, the action must be
15dismissed for lack of proper venue.
16    (b) All objections of improper venue are waived by a
17defendant unless a motion to transfer to a proper venue or a
18motion to dismiss for lack of proper venue is made by the
19defendant on or before the date upon which he or she is
20required to appear or within any further time that may be
21granted him or her to answer or move with respect to the
22complaint, except that if a defendant upon whose residence
23venue depends is dismissed upon motion of plaintiff, a
24remaining defendant may promptly move for transfer as though
25the dismissed defendant had not been a party.

 

 

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1    (c) Motions to dismiss or for transfer to a proper venue
2may be supported and opposed by affidavit. In determining
3issues of fact raised by affidavits, any competent evidence
4adduced by the parties shall also be considered. The
5determination of any issue of fact in connection with a motion
6to transfer does not constitute a determination of the merits
7of the case or any aspect thereof.
8    (d) The changes made by this amendatory Act of the 97th
9General Assembly apply to actions filed on or after its
10effective date.
11(Source: P.A. 83-707.)
 
12
ARTICLE 20. EXPERT WITNESSES

 
13    Section 20-5. The Code of Civil Procedure is amended by
14adding Part 29 to Article VIII as follows:
 
15    (735 ILCS 5/Art. VIII Pt. 29 heading new)
16
Part 29. Reliability in Expert Testimony Standards

 
17    (735 ILCS 5/8-2901 new)
18    Sec. 8-2901. Opinion testimony by lay witnesses. If the
19witness is not testifying as an expert, the witness' testimony
20in the form of opinions or inferences is limited to those
21opinions or inferences which are (a) rationally based on the
22perception of the witness, (b) helpful to a clear understanding

 

 

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1of the witness' testimony or the determination of a fact in
2issue, and (c) not based on scientific, technical, or other
3specialized knowledge within the scope of Section 8-2903.
 
4    (735 ILCS 5/8-2902 new)
5    Sec. 8-2902. Testimony by experts. If scientific,
6technical, or other specialized knowledge will assist the trier
7of fact to understand the evidence or to determine a fact in
8issue, a witness qualified as an expert by knowledge, skill,
9experience, training, or education may testify thereto in the
10form of an opinion or otherwise, if (a) the testimony is based
11upon sufficient facts or data, (b) the testimony is the product
12of reliable principles and methods, and (c) the witness has
13applied the principles and methods reliably to the facts of the
14case.
 
15    (735 ILCS 5/8-2903 new)
16    Sec. 8-2903. Bases of expert opinion testimony. The facts
17or data in the particular case upon which an expert bases an
18opinion or inference may be those perceived by or made known to
19the expert at or before the hearing. If of a type reasonably
20relied upon by experts in the particular field in forming
21opinions or inferences upon the subject, the facts or data need
22not be admissible in evidence in order for the opinion or
23inference to be admitted. Facts or data that are otherwise
24inadmissible shall not be disclosed to the jury by the

 

 

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1proponent of the opinion or inference unless the court
2determines that their probative value in assisting the jury to
3evaluate the expert's opinion substantially outweighs their
4prejudicial effect.
 
5    (735 ILCS 5/8-2904 new)
6    Sec. 8-2904. Bars to expert testimony.
7    (a) A witness qualified as an expert by knowledge, skill,
8experience, training, or education may only offer expert
9testimony with respect to a particular field in which the
10expert is qualified.
11    (b) An expert witness may receive a reasonable and
12customary fee for the rendering of professional services,
13provided that the testimony of an expert witness shall not be
14admitted if any such compensation is contingent on the outcome
15of any claim or case with respect to which the testimony is
16being offered.
 
17    (735 ILCS 5/8-2905 new)
18    Sec. 8-2905. Mandatory pre-trial hearing. If the witness is
19testifying as an expert, then upon motion of a party, the court
20shall hold a pre-trial hearing to determine whether the witness
21qualifies as an expert and whether the expert's testimony
22satisfies the requirements of Sections 8-2902, 8-2903, and
238-2904. The court shall allow sufficient time for a hearing and
24shall rule on the qualifications of the witness to testify as

 

 

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1an expert and whether or not the testimony satisfies the
2requirements of Sections 8-2902, 8-2903, and 8-2904. Such
3hearing and ruling shall be completed no later than the final
4pre-trial hearing. The trial court's ruling shall set forth the
5findings of fact and conclusions of law upon which the order to
6admit or exclude expert evidence is based.
 
7    (735 ILCS 5/8-2906 new)
8    Sec. 8-2906. Mandatory pre-trial disclosure of expert
9testimony.
10    (a) Whether or not any party elects to request a pre-trial
11hearing contemplated in Section 8-2905, all parties shall
12disclose to other parties the identity of any person who may be
13used at trial to present expert evidence.
14    (b) Except as otherwise stipulated or directed by the
15court, this disclosure shall, with respect to a witness who is
16retained or specially employed to provide expert testimony in
17the case or whose duties as an employee of the party regularly
18involve giving expert testimony, be accompanied by a written
19report prepared and signed by the witness. The report shall
20contain a complete statement of all opinions to be expressed
21and the basis and reasons therefor; the data or other
22information considered by the witness in forming the opinions;
23any exhibits to be used as a summary of or support for the
24opinions; the qualifications of the witness, including a list
25of all publications authored by the witness within the

 

 

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1preceding 10 years; the compensation to be paid for the study
2and testimony; and a listing of any other cases in which the
3witness has testified as an expert at trial or by deposition
4within the preceding 4 years.
5    (c) These disclosures shall be made at the times and in the
6sequence directed by the court. In the absence of other
7directions from the court or stipulation by the parties, the
8disclosures shall be made at least 90 days before the trial
9date or the date the case is to be ready for trial or, if the
10evidence is intended solely to contradict or rebut evidence on
11the same subject matter identified by another party under
12paragraph (b), within 30 days after the disclosure made by the
13other party.
14    (d) A party may depose any person who has been identified
15as an expert whose opinions may be presented at trial. If a
16report from the expert is required under paragraph (b), the
17deposition shall not be conducted until after the report is
18provided.
 
19    (735 ILCS 5/8-2907 new)
20    Sec. 8-2907. Interpretation. In interpreting and applying
21this Act, the courts of this State shall follow the opinions of
22the Supreme Court of the United States in Daubert v. Merrell
23Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General
24Electric Co. v. Joiner, 522 U.S. 136 (1997), Kumho Tire Co.
25Ltd. v. Carmichael, 526 U.S. 137 (1999), Weisgram v. Marley,

 

 

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1528 U.S. 440 (2000), and their progeny; moreover, the courts of
2this State may draw from other precedents binding in the
3federal courts of this State applying the standards announced
4by the Supreme Court of the United States in the foregoing
5cases.
 
6    (735 ILCS 5/8-2908 new)
7    Sec. 8-2908. Interlocutory appeal. Interlocutory appeal of
8a ruling on the admissibility of expert evidence shall be
9available at the discretion of the appellate court. In deciding
10whether to grant the interlocutory appeal, the court shall
11consider whether: (i) the ruling involved any challenge to the
12constitutionality of this Act; (ii) the ruling will help prove
13or disprove criminal liability; or (iii) the ruling will help
14establish civil liability at or above $75,000, where the
15testimony could be outcome-determinative for establishing
16liability or determining damages. Neither a party's failure to
17seek interlocutory appeal nor an appellate court's decision to
18deny a motion for interlocutory appeal shall waive a party's
19right to appeal a ruling on the admissibility of expert
20evidence after an entry of judgment in the case.
 
21    (735 ILCS 5/8-2909 new)
22    Sec. 8-2909. Standard of review.
23    (a) As the proper construction of the expert evidence
24admissibility framework prescribed by this Act is a question of

 

 

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1law, the reviewing court shall apply a de novo standard of
2review in determining whether the trial court fully applied the
3proper legal standard in considering the admissibility of
4expert evidence.
5    (b) As the application of this Act to determine the
6admissibility of expert testimony is a question of fact, the
7reviewing court shall apply an abuse of discretion standard in
8determining whether the trial court properly admitted or
9excluded particular expert evidence.
 
10    (735 ILCS 5/8-2910 new)
11    Sec. 8-2910. Application. This Part applies to all actions
12commenced on or after the effective date of this amendatory Act
13of the 97th General Assembly and to all pending actions in
14which trial has not been scheduled or in which trial has been
15scheduled in excess of 90 days after the effective date of this
16amendatory Act of the 97th General Assembly.
 
17
ARTICLE 25. JOINT AND SEVERAL LIABILITY

 
18    Section 25-5. The Code of Civil Procedure is amended by
19changing Section 2-1117 as follows:
 
20    (735 ILCS 5/2-1117)  (from Ch. 110, par. 2-1117)
21    Sec. 2-1117. Joint liability. Except as provided in Section
222-1118, in actions on account of bodily injury or death or

 

 

09700HB1032ham002- 22 -LRB097 03852 WGH 54156 a

1physical damage to property, based on negligence, or product
2liability based on strict tort liability, all defendants found
3liable are jointly and severally liable for plaintiff's past
4and future medical and medically related expenses. Any
5defendant whose fault, as determined by the trier of fact, is
6less than 25% of the total fault attributable to the plaintiff,
7the defendants sued by the plaintiff, and any third party
8defendant who could have been sued by the plaintiff except the
9plaintiff's employer, shall be severally liable for all other
10damages. Any defendant whose fault, as determined by the trier
11of fact, is 25% or greater of the total fault attributable to
12the plaintiff, the defendants sued by the plaintiff, and any
13third party defendants who could have been sued by the
14plaintiff except the plaintiff's employer, shall be jointly and
15severally liable for all other damages.
16(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)".