HB 5795 Illinois House · 96th Regular Session

CIV PRO-JNT SEVERALLY LIABLE

Summary
Amends the Code of Civil Procedure. Provides that in actions arising out of bodily injury, death, or damage to property based on negligence or product liability based on strict tort liability there will not be joint and several liability, rather when more than one defendant is found to be liable, a defendant will only be liable for that percentage of the plaintiff's damages, found by the trier of fact, that the defendant's percentage of contributory fault, found by the trier of fact, represents. Provides that those provisions do not apply 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, death, or damage to property. Amends the Joint Tortfeasor Contribution Act requiring, in the event that the obligation of one or more tortfeasors is uncollectible, the remaining tortfeasors to share, pro rata, the unpaid portion. Repeals Section stating that a plaintiff's right to recover the full amount of his or her tort judgment from any one or more defendants is unaffected by the Contribution Act.
Bill status failed 2 of 4 stages cleared
Introduction
May 2010
Committee Review
May 2010
House Failed
May 2010
Governor
Introduced May 25, 2010 Last action Jan 11, 2011
Floor votes · House May 25, 2010

How they voted

59–46
Failed · 1 other
Total votes 106
May 25, 2010
D Democratic61
59 Yea 1 Nay 1
96% Yea
R Republican45
45 Nay
100% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
12
Key actions
2
Committee
3
May 25, 2010
Lower · Passed
Motion Discharge Committee Lost
lower
May 25, 2010
Lower · Passed
Motion Filed to Discharge Rules Committee Rep. William B. Black
lower
May 25, 2010
Vote failed
House Vote: fail (59-46-1)
house
Feb 10, 2010
Committee
Referred to Rules Committee
lower
0 primary · 1 co-sponsor

Sponsors

No sponsor information available.