(735 ILCS 5/2-1207)
(from Ch. 110, par. 2-1207)
The trial court may, in its discretion, with
respect to punitive damages,
determine whether a jury award for punitive damages is excessive,
and if so, enter a remittitur and a conditional new trial.
The trial court may also in its discretion, apportion the punitive damage
award among the plaintiff, the plaintiff's attorney and the State of Illinois
Department of Human Services. The amount of the award
paid from the punitive damages to the plaintiff's attorney shall be reasonable
and without regard to any contingent fee contract,
except that such amount shall not exceed the amount authorized by the
contingent fee contract. In apportioning punitive damages as provided in
this Section, the court shall consider, among other factors it deems
relevant, whether any special duty was owed by the defendant to the plaintiff.
(Source: P.A. 89-507, eff. 7-1-97.)