103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2947 Introduced 1/31/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 735 ILCS 5/2-1107.1 from Ch. 110, par. 2-1107.1735 ILCS 5/2-1117 from Ch. 110, par. 2-1117 Amends and reenacts 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. In the Section concerning joint liability, 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. LRB103 38465 JRC 68601 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2947 Introduced 1/31/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 735 ILCS 5/2-1107.1 from Ch. 110, par. 2-1107.1735 ILCS 5/2-1117 from Ch. 110, par. 2-1117 735 ILCS 5/2-1107.1 from Ch. 110, par. 2-1107.1 735 ILCS 5/2-1117 from Ch. 110, par. 2-1117 Amends and reenacts 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. In the Section concerning joint liability, 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. LRB103 38465 JRC 68601 b LRB103 38465 JRC 68601 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2947 Introduced 1/31/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-1107.1 from Ch. 110, par. 2-1107.1735 ILCS 5/2-1117 from Ch. 110, par. 2-1117 735 ILCS 5/2-1107.1 from Ch. 110, par. 2-1107.1 735 ILCS 5/2-1117 from Ch. 110, par. 2-1117
735 ILCS 5/2-1107.1 from Ch. 110, par. 2-1107.1
735 ILCS 5/2-1117 from Ch. 110, par. 2-1117
Amends and reenacts 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. In the Section concerning joint liability, 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.
LRB103 38465 JRC 68601 b LRB103 38465 JRC 68601 b
LRB103 38465 JRC 68601 b
A BILL FOR
SB2947LRB103 38465 JRC 68601 b SB2947 LRB103 38465 JRC 68601 b
SB2947 LRB103 38465 JRC 68601 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5 reenacting and changing Section 2-1107.1 and by changing
6 Section 2-1117 as follows:
7 (735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1)
8 (Text of Section WITHOUT the changes made by P.A. 89-7,
9 which has been held unconstitutional)
10 Sec. 2-1107.1. Jury instruction in tort actions. In all
11 actions on account of bodily injury or death or physical
12 damage to property based on negligence, or product liability
13 based on strict tort liability, the court shall not instruct
14 the jury of the consequence of any findings of fault of any
15 plaintiff or defendant pursuant to Section 2-1116 or 2-1117 in
16 writing that the defendant shall be found not liable if the
17 jury finds that the contributory fault of the plaintiff is
18 more than 50% of the proximate cause of the injury or damage
19 for which recovery is sought.
20 The changes to this Section made by this amendatory Act of
21 the 103rd General Assembly apply to causes of action accruing
22 on or after the effective date of this amendatory Act of the
23 103rd General Assembly.
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2947 Introduced 1/31/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-1107.1 from Ch. 110, par. 2-1107.1735 ILCS 5/2-1117 from Ch. 110, par. 2-1117 735 ILCS 5/2-1107.1 from Ch. 110, par. 2-1107.1 735 ILCS 5/2-1117 from Ch. 110, par. 2-1117
735 ILCS 5/2-1107.1 from Ch. 110, par. 2-1107.1
735 ILCS 5/2-1117 from Ch. 110, par. 2-1117
Amends and reenacts 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. In the Section concerning joint liability, 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.
LRB103 38465 JRC 68601 b LRB103 38465 JRC 68601 b
LRB103 38465 JRC 68601 b
A BILL FOR
735 ILCS 5/2-1107.1 from Ch. 110, par. 2-1107.1
735 ILCS 5/2-1117 from Ch. 110, par. 2-1117
LRB103 38465 JRC 68601 b
SB2947 LRB103 38465 JRC 68601 b
SB2947- 2 -LRB103 38465 JRC 68601 b SB2947 - 2 - LRB103 38465 JRC 68601 b
SB2947 - 2 - LRB103 38465 JRC 68601 b
1 (Source: P.A. 84-1431.)
2 (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
3 Sec. 2-1117. Joint liability. Except as provided in
4 Section 2-1118, in actions on account of bodily injury or
5 death or physical damage to property, based on negligence, or
6 product liability based on strict tort liability, all
7 defendants found liable are jointly and severally liable for
8 plaintiff's past and future medical and medically related
9 expenses. Any defendant whose fault, as determined by the
10 trier of fact, is less than 25% of the proximate cause of the
11 injury or damage for which recovery is sought by the plaintiff
12 total fault attributable to the plaintiff, the defendants sued
13 by the plaintiff, and any third party defendant except the
14 plaintiff's employer, shall be severally liable for all other
15 damages. Any defendant whose fault, as determined by the trier
16 of fact, is 25% or greater of the proximate cause of the injury
17 or damage for which recovery is sought by the plaintiff total
18 fault attributable to the plaintiff, the defendants sued by
19 the plaintiff, and any third party defendants except the
20 plaintiff's employer, shall be jointly and severally liable
21 for all other damages.
22 The changes to this Section made by this amendatory Act of
23 the 103rd General Assembly apply to causes of action accruing
24 on or after the effective date of this amendatory Act of the
25 103rd General Assembly.
SB2947 - 2 - LRB103 38465 JRC 68601 b
SB2947- 3 -LRB103 38465 JRC 68601 b SB2947 - 3 - LRB103 38465 JRC 68601 b
SB2947 - 3 - LRB103 38465 JRC 68601 b
SB2947 - 3 - LRB103 38465 JRC 68601 b