093_HB2784ham001

 










                                     LRB093 07588 WGH 11984 a

 1                    AMENDMENT TO HOUSE BILL 2784

 2        AMENDMENT NO.     .  Amend House Bill 2784  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Code  of Civil Procedure is amended by
 5    changing Section 2-1117 as follows:

 6        (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
 7        (Text of Section WITHOUT the changes made by  P.A.  89-7,
 8    which has been held unconstitutional)
 9        Sec. 2-1117.  Joint liability.
10        Except  as  provided  in  Section  2-1118,  in actions on
11    account of bodily injury  or  death  or  physical  damage  to
12    property,  based on negligence, or product liability based on
13    strict  tort  liability,  all  defendants  found  liable  are
14    jointly and severally liable for plaintiff's past and  future
15    medical  and medically related expenses.  Any defendant whose
16    fault, as determined by the trier of fact, is less  than  25%
17    of  the  total  fault  attributable  to  the  plaintiff,  the
18    defendants  sued  by  the  plaintiff,  and  any  third  party
19    defendant except the plaintiff's employer who could have been
20    sued  by  the  plaintiff,  shall  be severally liable for all
21    other damages.  Any defendant whose fault, as  determined  by
22    the  trier  of  fact,  is  25%  or greater of the total fault
 
                            -2-      LRB093 07588 WGH 11984 a
 1    attributable to the plaintiff, the  defendants  sued  by  the
 2    plaintiff, and any third party defendants who could have been
 3    sued  by the plaintiff, shall be jointly and severally liable
 4    for all other damages.
 5    (Source: P.A. 84-1431.)

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