97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1695

 

Introduced 2/9/2011, by Sen. John J. Millner

 

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

    Amends the Code of Civil Procedure. In provisions concerning joint liability provides that a municipality, or any employee, officer, or agent of a municipality, is liable only for the percentage of fault attributable to it by the trier of fact.


LRB097 05430 AJO 45488 b

 

 

A BILL FOR

 

SB1695LRB097 05430 AJO 45488 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. Joint liability.
8    (a) Except as provided in subsection (b) and in Section
92-1118, in actions on account of bodily injury or death or
10physical damage to property, based on negligence, or product
11liability based on strict tort liability, all defendants found
12liable are jointly and severally liable for plaintiff's past
13and future medical and medically related expenses. Any
14defendant whose fault, as determined by the trier of fact, is
15less than 25% of the total fault attributable to the plaintiff,
16the defendants sued by the plaintiff, and any third party
17defendant except the plaintiff's employer, shall be severally
18liable for all other damages. Any defendant whose fault, as
19determined by the trier of fact, is 25% or greater of the total
20fault attributable to the plaintiff, the defendants sued by the
21plaintiff, and any third party defendants except the
22plaintiff's employer, shall be jointly and severally liable for
23all other damages.

 

 

SB1695- 2 -LRB097 05430 AJO 45488 b

1    (b) A municipality, or any employee, officer, or agent of a
2municipality, is liable only for the percentage of fault
3attributable to it by the trier of fact.
4(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)