103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0239

 

Introduced 1/31/2023, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1115  from Ch. 110, par. 2-1115

    Amends the Code of Civil Procedure. Provides that the prohibition on the recovery of punitive damages in a legal malpractice action includes damages sought as compensatory damages which were assessed against the legal malpractice plaintiff or failed to be obtained by the legal malpractice plaintiff.


LRB103 26315 LNS 52676 b

 

 

A BILL FOR

 

SB0239LRB103 26315 LNS 52676 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 Section 2-1115 as follows:
 
6    (735 ILCS 5/2-1115)  (from Ch. 110, par. 2-1115)
7    Sec. 2-1115. Punitive damages not recoverable in healing
8art and legal malpractice cases. In all cases, whether in
9tort, contract or otherwise, in which the plaintiff seeks
10damages by reason of legal, medical, hospital, or other
11healing art malpractice, no punitive, exemplary, vindictive or
12aggravated damages shall be allowed. This prohibition on the
13recovery of punitive damages in a legal malpractice action
14includes damages sought as compensatory damages which were
15assessed against the legal malpractice plaintiff or failed to
16be obtained by the legal malpractice plaintiff.
17(Source: P.A. 84-7.)