SB 1433 Illinois Senate · 101st Regular Session

CIV PRO-INSTRUCTION-LIABILITY

Summary
Amends and re-enacts 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.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2019
Committee Review
Floor Vote
Governor
Introduced Feb 13, 2019 Last action Jan 27, 2020
Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
7
Key actions
1
Committee
4
Mar 22, 2019
Committee
Rule 3-9(a) / Re-referred to Assignments
upper
Mar 5, 2019
Upper · Passed
To Subcommittee on Tort Reform
upper
Feb 20, 2019
Committee
Assigned to Judiciary
upper
Feb 13, 2019
Committee
Referred to Assignments
upper
0 primary · 2 co-sponsors

Sponsors

No sponsor information available.