Bill Text: IL HB5809 | 2011-2012 | 97th General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5809 Detail]

Download: Illinois-2011-HB5809-Introduced.html

---

97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5809 Introduced 2/16/2012, by Rep. Dwight Kay SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-1117 from Ch. 110, par. 2-1117
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.
LRB097 18195 AJO 63419 b
A BILL FOR
HB5809 LRB097 18195 AJO 63419 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 2-1117 as follows:
(735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
Sec. 2-1117. Joint liability. Except as provided in Section
2-1118, in actions on account of bodily injury or death or
physical damage to property, based on negligence, or product
liability based on strict tort liability, all defendants found
liable are jointly and severally liable for plaintiff's past
and future medical and medically related expenses. Any
defendant whose fault, as determined by the trier of fact, 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 except the
plaintiff's employer, shall be severally liable for all other
damages. Any defendant whose fault, as determined by the trier
of fact, 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 except the plaintiff's employer, shall be jointly and
severally liable for all other damages.

HB5809 - 2 - LRB097 18195 AJO 63419 b
(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)