SB 1974 Illinois Senate · 97th Regular Session

CIV PRO-JOINT SEVERAL LIABLE

Summary
Amends the Code of Civil Procedure. Deletes language regarding 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, and adds language providing that: in actions for 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 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; 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; and no defendant is jointly and severally liable for plaintiff's damages. Amends the Joint Tortfeasor Contribution Act by deleting and repealing certain provisions regarding contribution if the obligation of one or more of the joint tortfeasors is uncollectable and a plaintiff's right to recover the full amount of his judgment from any one or more defendants.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2011
Committee Review
Floor Vote
Governor
Introduced Feb 10, 2011 Last action Jan 8, 2013
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Full legislative history

Actions timeline

Total actions
7
Key actions
0
Committee
4
Jan 8, 2013
Senate · Failed
Session Sine Die
Mar 18, 2011
Senate · Referred to committee
Rule 3-9(a) / Re-referred to Assignments
Mar 10, 2011
Senate · Reported by committee
To Judiciary Subcommittee on Civil Process and Procedure
Mar 2, 2011
Senate · Referred to committee
Assigned to Judiciary
Feb 10, 2011
Senate · Referred to committee
Referred to Assignments
0 primary · 1 co-sponsor

Sponsors

Role
Legislator
Party
State
District
Co
Photo of Kirk W. Dillard
Kirk W. Dillard
RRepublican
IL
24