100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0861

 

Introduced 2/7/2017, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1107.1  from Ch. 110, par. 2-1107.1
735 ILCS 5/2-1117  from Ch. 110, par. 2-1117

    Amends and re-enacts provisions of the Civil Practice Article of the Code of Civil Procedure concerning actions on account of bodily injury or death or physical damage to property based on negligence or product liability based on strict tort liability. Provides that the court shall not instruct the jury of the consequence of any findings of fault of any plaintiff or defendant under specified provisions of the Code. Deletes language providing that the court shall instruct the jury in writing that the defendant shall be found not liable if the jury finds that the contributory fault of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought. In the Section concerning joint liability, deletes language providing that: any defendant whose fault is less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant except the plaintiff's employer, is severally liable for non-medical damages; and any defendant whose fault is 25% or greater of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendants except the plaintiff's employer, is jointly and severally liable for non-medical damages. Adds language providing that: any defendant whose fault is less than 25% of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is severally liable for non-medical damages; and any defendant whose fault is 25% or greater of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is jointly and severally liable for non-medical damages. Contains applicability provisions.


LRB100 05902 HEP 15928 b

 

 

A BILL FOR

 

SB0861LRB100 05902 HEP 15928 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing and re-enacting Section 2-1107.1 and changing Section
62-1117 as follows:
 
7    (735 ILCS 5/2-1107.1)  (from Ch. 110, par. 2-1107.1)
8    (Text of Section WITHOUT the changes made by P.A. 89-7,
9which has been held unconstitutional)
10    Sec. 2-1107.1. Jury instruction in tort actions. In all
11actions on account of bodily injury or death or physical damage
12to property based on negligence, or product liability based on
13strict tort liability, the court shall not instruct the jury of
14the consequence of any findings of fault of any plaintiff or
15defendant pursuant to Section 2-1116 or 2-1117 in writing that
16the defendant shall be found not liable if the jury finds that
17the contributory fault of the plaintiff is more than 50% of the
18proximate cause of the injury or damage for which recovery is
19sought.
20    The changes to this Section made by this amendatory Act of
21the 100th General Assembly apply to causes of action accruing
22on or after the effective date of this amendatory Act of the
23100th General Assembly.

 

 

SB0861- 2 -LRB100 05902 HEP 15928 b

1(Source: P.A. 84-1431.)
 
2    (735 ILCS 5/2-1117)  (from Ch. 110, par. 2-1117)
3    Sec. 2-1117. Joint liability. Except as provided in Section
42-1118, in actions on account of bodily injury or death or
5physical damage to property, based on negligence, or product
6liability based on strict tort liability, all defendants found
7liable are jointly and severally liable for plaintiff's past
8and future medical and medically related expenses. Any
9defendant whose fault, as determined by the trier of fact, is
10less than 25% of the proximate cause of the injury or damage
11for which recovery is sought by the plaintiff total fault
12attributable to the plaintiff, the defendants sued by the
13plaintiff, and any third party defendant except the plaintiff's
14employer, shall be severally liable for all other damages. Any
15defendant whose fault, as determined by the trier of fact, is
1625% or greater of the proximate cause of the injury or damage
17for which recovery is sought by the plaintiff total fault
18attributable to the plaintiff, the defendants sued by the
19plaintiff, and any third party defendants except the
20plaintiff's employer, shall be jointly and severally liable for
21all other damages.
22    The changes to this Section made by this amendatory Act of
23the 100th General Assembly apply to causes of action accruing
24on or after the effective date of this amendatory Act of the
25100th General Assembly.

 

 

SB0861- 3 -LRB100 05902 HEP 15928 b

1(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)