
Right now, in the world, there are too many who don't want peace -- unless you count the aftermath of annihilation of your enemies as peace. Which I don't. But that's why we must continue to pray: Dona nobis pacem.
Cases, controversies, the occasional water-cooler rant, and news about Cook County judges and judicial elections Feel free to browse here or on page two of this blog.
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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 | changing Section 2-1117 as follows: | ||||||
6 | (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117) | ||||||
7 | Sec. 2-1117. Joint liability. Except as provided in Section | ||||||
8 | 2-1118, in actions on account of bodily injury or death or | ||||||
9 | physical damage to property, based on negligence, or product | ||||||
10 | liability based on strict tort liability, all defendants found | ||||||
11 | liable are jointly and severally liable for plaintiff's past | ||||||
12 | and future medical and medically related expenses. Any | ||||||
13 | defendant whose fault, as determined by the trier of fact, is | ||||||
14 | less than 25% of the total fault attributable to the plaintiff, | ||||||
15 | the defendants sued by the plaintiff, and any third party | ||||||
16 | defendant except the plaintiff's employer, shall be severally | ||||||
17 | liable for all other damages. Any defendant whose fault, as | ||||||
18 | determined by the trier of fact, is 25% or greater of the total | ||||||
19 | fault attributable to the plaintiff, the defendants sued by the | ||||||
20 | plaintiff, and any third party defendants except the | ||||||
21 | plaintiff's employer, shall be jointly and severally liable for | ||||||
22 | all other damages. The apportionment of fault under this | ||||||
23 | Section only applies to the parties still remaining in the case |
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1 | at the time of the final determination by the trier of fact. It | ||||||
2 | does not apply to the defendants or third party defendants that | ||||||
3 | have been dismissed for any reason, including settlement. | ||||||
4 | The changes to this Section made by this amendatory Act of | ||||||
5 | the 95th General Assembly apply to actions commenced or pending | ||||||
6 | on or after the effective date of this amendatory Act of the | ||||||
7 | 95th General Assembly. | ||||||
8 | (Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.) | ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law. |