House Bill 4426

Topic: 
Changes to personal injury and property damage cases

(Sandack, R-Downers Grove) deletes language requiring the court to instruct the jury in writing that the defendant must 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. It replaces it with language providing that the court may not instruct the jury of the consequence of any findings of fault of any plaintiff or defendant under Sections 2-1116 and 2-1117 of the Code of Civil Procedure.  It deletes the current language of Section 2-1117 on joint liability and replaces it with 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. Just introduced. 

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