Bill Text: IL HB3852 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends and re-enacts provisions of the Civil Practice Article of the Code of Civil Procedure concerning actions on account of bodily injury or death or physical damage to property based on negligence or product liability based on strict tort liability. Provides that the court shall not instruct the jury of the consequence of any findings of fault of any plaintiff or defendant under specified provisions of the Code. Deletes language providing that the court shall instruct the jury in writing that the defendant shall be found not liable if the jury finds that the contributory fault of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought. Deletes language providing that: 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 except the plaintiff's employer, is severally liable for non-medical damages; and 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 except the plaintiff's employer, is jointly and severally liable for non-medical damages. Adds language providing that: any defendant whose fault is less than 25% of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is severally liable for non-medical damages; and any defendant whose fault is 25% or greater of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is jointly and severally liable for non-medical damages. Contains applicability provisions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3852 Detail]
Download: Illinois-2015-HB3852-Introduced.html
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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 and re-enacting Section 2-1107.1 and changing Section | |||||||||||||||||||||
6 | 2-1117 as follows:
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7 | (735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1)
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8 | (Text of Section WITHOUT the changes made by P.A. 89-7, | |||||||||||||||||||||
9 | which has been held
unconstitutional)
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10 | Sec. 2-1107.1. Jury instruction in tort actions. In all | |||||||||||||||||||||
11 | actions
on account of bodily injury or death or physical damage | |||||||||||||||||||||
12 | to
property based on
negligence, or product liability based on | |||||||||||||||||||||
13 | strict tort liability, the court
shall not instruct the jury of | |||||||||||||||||||||
14 | the consequence of any findings of fault of any plaintiff or | |||||||||||||||||||||
15 | defendant pursuant to Section 2-1116 or 2-1117 in writing that | |||||||||||||||||||||
16 | the defendant shall be found not liable
if the jury finds that | |||||||||||||||||||||
17 | the contributory fault of the plaintiff is more
than 50% of the | |||||||||||||||||||||
18 | proximate cause of the injury or damage for which recovery is
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19 | sought .
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20 | The changes to this Section made by this amendatory Act of | |||||||||||||||||||||
21 | the 99th General Assembly apply to causes of action
accruing on | |||||||||||||||||||||
22 | or after its effective date. | |||||||||||||||||||||
23 | (Source: P.A. 84-1431.)
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1 | (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
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2 | Sec. 2-1117. Joint liability. Except as provided in Section | ||||||
3 | 2-1118,
in actions on account of bodily injury or death or | ||||||
4 | physical damage to
property, based on negligence, or product | ||||||
5 | liability based on strict tort
liability, all defendants found | ||||||
6 | liable are jointly and
severally liable for plaintiff's past | ||||||
7 | and future medical and medically
related expenses. Any | ||||||
8 | defendant whose fault, as determined by the
trier of fact, is | ||||||
9 | less than 25% of the proximate cause of the injury or damage | ||||||
10 | for which recovery is sought by the plaintiff total fault | ||||||
11 | attributable to the
plaintiff, the defendants sued by the | ||||||
12 | plaintiff, and any third party
defendant except the plaintiff's | ||||||
13 | employer, shall be severally
liable for all other damages. Any | ||||||
14 | defendant whose fault, as
determined by the trier of fact, is | ||||||
15 | 25% or greater of the proximate cause of the injury or damage | ||||||
16 | for which recovery is sought by the plaintiff total fault
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17 | attributable to the plaintiff, the defendants sued by the | ||||||
18 | plaintiff, and
any third party defendants except the | ||||||
19 | plaintiff's employer, shall
be jointly and severally liable for | ||||||
20 | all other damages.
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21 | The changes to this Section made by this amendatory Act of | ||||||
22 | the 99th General Assembly apply to causes of action
accruing on | ||||||
23 | or after its effective date. | ||||||
24 | (Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)
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