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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5809 Introduced 2/16/2012, by Rep. Dwight Kay SYNOPSIS AS INTRODUCED:
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| 735 ILCS 5/2-1117 | from Ch. 110, par. 2-1117 |
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Amends the Code of Civil Procedure. With respect to certain types of actions, provides that for 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 who could have been sued by the plaintiff (instead of any third party defendant except the plaintiff's employer), shall be severally liable for all other damages. Provides that for 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 who could have been sued by the plaintiff (instead of any third party defendants except the plaintiff's employer), shall be jointly and severally liable for all other damages.
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| | A BILL FOR |
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| | HB5809 | | LRB097 18195 AJO 63419 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 2-1117 as follows:
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| 6 | | (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
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| 7 | | Sec. 2-1117. Joint liability. Except as provided in Section |
| 8 | | 2-1118,
in actions on account of bodily injury or death or |
| 9 | | physical damage to
property, based on negligence, or product |
| 10 | | liability based on strict tort
liability, all defendants found |
| 11 | | liable are jointly and
severally liable for plaintiff's past |
| 12 | | and future medical and medically
related expenses. Any |
| 13 | | defendant whose fault, as determined by the
trier of fact, is |
| 14 | | less than 25% of the total fault attributable to the
plaintiff, |
| 15 | | the defendants sued by the plaintiff, and any third party
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| 16 | | defendant who could have been sued by the plaintiff except the |
| 17 | | plaintiff's employer, shall be severally
liable for all other |
| 18 | | damages. Any defendant whose fault, as
determined by the trier |
| 19 | | of fact, is 25% or greater of the total fault
attributable to |
| 20 | | the plaintiff, the defendants sued by the plaintiff, and
any |
| 21 | | third party defendants who could have been sued by the |
| 22 | | plaintiff except the plaintiff's employer, shall
be jointly and |
| 23 | | severally liable for all other damages.
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