97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5200

 

Introduced 2/8/2012, by Rep. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1117  from Ch. 110, par. 2-1117
740 ILCS 100/3  from Ch. 70, par. 303
740 ILCS 100/4 rep.

    Amends the Code of Civil Procedure by deleting certain provisions concerning joint and several liability and adding language providing, except as otherwise provided, that: in specified types of actions, each defendant found liable is liable for only that percentage of the plaintiff's damages that represents the fault chargeable to that defendant in the comparison of the plaintiff's fault with the fault of all tortfeasors whose fault was a proximate cause of the death, injury, loss, or damage for which recovery is sought; and, except when the plaintiff is barred from recovering damages because the plaintiff's fault is more than 50% of the proximate cause of the injury or damage for which recovery is sought, the plaintiff is barred from recovering damages from a defendant in excess of the amount of damages obtained by applying the percentage of fault of that defendant to the amount of the plaintiff's damages and no defendant is jointly and severally liable for plaintiff's damages. Deletes or repeals all of the following provisions of the Joint Tortfeasor Contribution Act: if the obligation of one or more joint tortfeasors is uncollectable, the remaining tortfeasors shall share the unpaid portions of the uncollectable obligation in accordance with their pro rata liability; if equity requires, the collective liability of some as a group shall constitute a single share; and a plaintiff's right to recover the full amount of his or her judgment from any one or more defendants subject to liability in tort for the same injury to person or property, or for wrongful death, is not affected by the provisions of the Act.


LRB097 18919 AJO 64157 b

 

 

A BILL FOR

 

HB5200LRB097 18919 AJO 64157 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 2-1117 as follows:
 
6    (735 ILCS 5/2-1117)  (from Ch. 110, par. 2-1117)
7    Sec. 2-1117. Liability Joint liability. Except as provided
8in Section 2-1118, in actions on account of bodily injury or
9death or physical damage to property, based on negligence, or
10product liability based on strict tort liability in which
11recovery is predicated upon fault, each defendant found liable,
12as determined by the trier of fact, is liable for only that
13percentage of the plaintiff's damages, as determined by the
14trier of fact, that represents the fault chargeable to that
15defendant in the comparison of the plaintiff's fault with the
16fault of all tortfeasors whose fault was a proximate cause of
17the death, injury, loss, or damage for which recovery is
18sought. Except when the plaintiff is barred from recovering
19damages because the trier of fact finds that the fault on the
20part of the plaintiff is more than 50% of the proximate cause
21of the injury or damage for which recovery is sought, the
22plaintiff shall be barred from recovering damages from a
23defendant that is in excess of the amount of damages obtained

 

 

HB5200- 2 -LRB097 18919 AJO 64157 b

1by applying the percentage of fault of that defendant to the
2amount of the plaintiff's damages, as determined by the trier
3of fact. No defendant shall be jointly and severally liable for
4plaintiff's damages. , all defendants found liable are jointly
5and severally liable for plaintiff's past and future medical
6and medically related expenses. Any defendant whose fault, as
7determined by the trier of fact, is less than 25% of the total
8fault attributable to the plaintiff, the defendants sued by the
9plaintiff, and any third party defendant except the plaintiff's
10employer, shall be severally liable for all other damages. Any
11defendant whose fault, as determined by the trier of fact, is
1225% or greater of the total fault attributable to the
13plaintiff, the defendants sued by the plaintiff, and any third
14party defendants except the plaintiff's employer, shall be
15jointly and severally liable for all other damages.
16(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)
 
17    Section 10. The Joint Tortfeasor Contribution Act is
18amended by changing Section 3 as follows:
 
19    (740 ILCS 100/3)  (from Ch. 70, par. 303)
20    Sec. 3. Amount of Contribution. The pro rata share of each
21tortfeasor shall be determined in accordance with his relative
22culpability. However, no person shall be required to contribute
23to one seeking contribution an amount greater than his pro rata
24share unless the obligation of one or more of the joint

 

 

HB5200- 3 -LRB097 18919 AJO 64157 b

1tortfeasors is uncollectable. In that event, the remaining
2tortfeasors shall share the unpaid portions of the
3uncollectable obligation in accordance with their pro rata
4liability.
5    If equity requires, the collective liability of some as a
6group shall constitute a single share.
7(Source: P.A. 81-601.)
 
8    (740 ILCS 100/4 rep.)
9    Section 15. The Joint Tortfeasor Contribution Act is
10amended by repealing Section 4.