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735 ILCS 5/2-1118
(735 ILCS 5/2-1118)
(This Section was repealed by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1118.
Exceptions.
Notwithstanding the
provisions of Section 2-1117, in
any action in which the trier of fact determines that
the injury or damage for which recovery is sought was caused by an act
involving the discharge into the environment of any pollutant, including
any waste, hazardous
substance, irritant or contaminant, including, but not limited to smoke,
vapor, soot, fumes,
acids, alkalis, asbestos, toxic or corrosive chemicals, radioactive waste
or mine tailings, and including any such material intended to be recycled,
reconditioned or reclaimed, any defendants found liable shall be jointly
and severally liable for
such damage. However, Section 2-1117 shall apply to a defendant who is a
response
action contractor. As used in this Section, "response action contractor"
means an individual,
partnership, corporation, association, joint venture or other commercial
entity or an employee, agent, sub-contractor, or consultant thereof which
enters into a contract, for the performance of
remedial or response action, or for the identification, handling, storage,
treatment or disposal of a pollutant, which is entered into between any
person or entity and a response action contractor when such response action
contractor is not liable for the creation or maintenance of the condition to be
ameliorated under the contract.
Notwithstanding the provisions of Section 2-1117, in any medical
malpractice action, as defined in Section 2-1704, based upon negligence,
any defendants found liable shall be jointly and severally liable.
(Source: P.A. 84-1431.)
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