Bill Text: IL SB0725 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Deletes language providing for joint and several liability 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. Adds language providing that in such actions in which recovery is predicated upon fault, each defendant found liable is liable for only that percentage of the plaintiff's damages that represents the contributory 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. Provides that except when the plaintiff is barred from recovering damages because the plaintiff's contributory 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 contributing fault of that defendant to the amount of the plaintiff's damages. Provides that no defendant is jointly and severally liable for a plaintiff's damages. Amends the Joint Tortfeasor Contribution Act by deleting and repealing certain provisions regarding (i) contribution if the obligation of one or more of the joint tortfeasors is uncollectable and (ii) a plaintiff's right to recover the full amount of his judgment from any one or more defendants.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB0725 Detail]

Download: Illinois-2017-SB0725-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB0725 Introduced 1/30/2017, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-1117 from Ch. 110, par. 2-1117
740 ILCS 100/3 from Ch. 70, par. 303
740 ILCS 100/4 rep.
Amends the Code of Civil Procedure. Deletes language providing for joint and several liability 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. Adds language providing that in such actions in which recovery is predicated upon fault, each defendant found liable is liable for only that percentage of the plaintiff's damages that represents the contributory 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. Provides that except when the plaintiff is barred from recovering damages because the plaintiff's contributory 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 contributing fault of that defendant to the amount of the plaintiff's damages. Provides that no defendant is jointly and severally liable for a plaintiff's damages. Amends the Joint Tortfeasor Contribution Act by deleting and repealing certain provisions regarding (i) contribution if the obligation of one or more of the joint tortfeasors is uncollectable and (ii) a plaintiff's right to recover the full amount of his judgment from any one or more defendants.
LRB100 07039 HEP 17093 b
A BILL FOR
SB0725 LRB100 07039 HEP 17093 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. Liability 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 in which
recovery is predicated upon fault, each defendant found liable,
as determined by the trier of fact, is liable for only that
percentage of the plaintiff's damages, as determined by the
trier of fact, that represents the contributory 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. Except when the plaintiff is barred
from recovering damages because the trier of fact finds that
the contributory fault on the part of the plaintiff is more
than 50% of the proximate cause of the injury or damage for
which recovery is sought, the plaintiff shall be barred from
recovering damages from a defendant that are in excess of the

SB0725 - 2 - LRB100 07039 HEP 17093 b
amount of damages obtained by applying the percentage of
contributing fault of that defendant to the amount of the
plaintiff's damages, as determined by the trier of fact. No
defendant shall be jointly and severally liable for a
plaintiff's damages. , 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 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 except the plaintiff's employer, shall be
jointly and severally liable for all other damages.
(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)
Section 10. The Joint Tortfeasor Contribution Act is
amended by changing Section 3 as follows:
(740 ILCS 100/3) (from Ch. 70, par. 303)
Sec. 3. Amount of Contribution. The pro rata share of each
tortfeasor shall be determined in accordance with his relative
culpability. However, no person shall be required to contribute
to one seeking contribution an amount greater than his pro rata

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share unless the obligation of one or more of the joint
tortfeasors is uncollectable. In that event, 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.
(Source: P.A. 81-601.)
(740 ILCS 100/4 rep.)
Section 15. The Joint Tortfeasor Contribution Act is
amended by repealing Section 4.