Illinois General Assembly - Bill Status for HB5200

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.

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