Bill Text: IL HB4080 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that any defendant whose fault is less than 50% (rather than 25%) of the total fault of all tortfeasors shall be severally liable for all other damages. Provides that any defendant whose fault is 50% (rather than 25%) or greater of the total fault of all tortfeasors shall be jointly and severally liable for all other damages. Provides that the changes made by the amendatory Act apply to actions filed on or after the effective date of the amendatory Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4080 Detail]

Download: Illinois-2023-HB4080-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4080 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-1117 from Ch. 110, par. 2-1117
Amends the Code of Civil Procedure. Provides that any defendant whose fault is less than 50% (rather than 25%) of the total fault of all tortfeasors shall be severally liable for all other damages. Provides that any defendant whose fault is 50% (rather than 25%) or greater of the total fault of all tortfeasors shall be jointly and severally liable for all other damages. Provides that the changes made by the amendatory Act apply to actions filed on or after the effective date of the amendatory Act.
LRB103 32005 LNS 60825 b
A BILL FOR
HB4080 LRB103 32005 LNS 60825 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 50% 25% of the total fault of all
tortfeasors, including, but not limited to, the plaintiff's
employer, nonparties, entities that have settled, or any other
person that the trier of fact finds was at fault and a
proximate cause of the injury or damage for which recovery is
sought by attributable to the plaintiff, the defendants sued
by the plaintiff, and any third party defendant 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 50% 25% or greater of the total fault of all

HB4080 - 2 - LRB103 32005 LNS 60825 b
tortfeasors, including, but not limited to, the plaintiff's
employer, nonparties, entities that have settled, or any other
person that the trier of fact finds was at fault and a
proximate cause of the injury or damage for which recovery is
sought by the plaintiff attributable to the plaintiff, the
defendants sued by the plaintiff, and any third party
defendants except the plaintiff's employer, shall be jointly
and severally liable for all other damages.
The changes to this Section made by this amendatory Act of
the 103rd General Assembly apply to actions filed on or after
the effective date of this amendatory Act of the 103rd General
Assembly.
(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)