093_SB0729enr

 
SB729 Enrolled                       LRB093 02915 WGH 02931 b

 1        AN ACT in relation to civil procedure.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Code of Civil Procedure is amended, if and
 5    only if House Bill 2784 of the 93rd General Assembly  becomes
 6    law  in  the form in which it passed the General Assembly, by
 7    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
23    determined by the trier of fact, is 25%  or  greater  of  the
24    total  fault  attributable  to  the plaintiff, the defendants
25    sued by the plaintiff, and any third party defendants  except
26    the  plaintiff's  employer  who  could  have been sued by the
27    plaintiff, shall be jointly  and  severally  liable  for  all
28    other damages.
29    (Source: 93HB2784enr.)

30        Section  99.  Effective date.  This Act takes effect upon
 
SB729 Enrolled             -2-       LRB093 02915 WGH 02931 b
 1    becoming law.