|
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1966
Introduced 2/20/2009, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED:
|
|
735 ILCS 5/Art. VIII, Pt. 28 heading new |
|
735 ILCS 5/8-2801 new |
|
|
Amends the Code of Civil Procedure. Provides that in any case in which the plaintiff makes a claim based upon exposure to asbestos, the following issues are relevant to the determination of liability and damages, the court shall allow the parties to present evidence concerning those issues, and the trier of fact shall determine liability and damages based on these issues, together with any other relevant issues: (1) whether the plaintiff had exposure to any asbestos manufactured by, processed by, or otherwise associated with any entity other than the defendant; (2) whether the plaintiff's exposure to asbestos was to asbestos exclusively manufactured by, processed by, or otherwise associated with the defendant; and (3) whether there is a causal relationship between the plaintiff's alleged injuries and the asbestos manufactured by, processed by, or otherwise associated with the defendant. Effective immediately.
|
| |
|
|
|
|
A BILL FOR
|
|
|
|
|
SB1966 |
|
LRB096 08755 AJO 18887 b |
|
|
| 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 adding |
| 5 |
| Part 28 to Article VIII as follows:
|
| 6 |
| (735 ILCS 5/Art. VIII, Pt. 28 heading new)
|
| 7 |
| Part 28. ASBESTOS
|
| 8 |
| (735 ILCS 5/8-2801 new) |
| 9 |
| Sec. 8-2801. Asbestos. In any case in which the plaintiff |
| 10 |
| makes a claim based upon exposure to asbestos, the following |
| 11 |
| issues are relevant to the determination of liability and |
| 12 |
| damages, the court shall allow the parties to present evidence |
| 13 |
| concerning those issues, and the trier of fact shall determine |
| 14 |
| liability and damages based on these issues, together with any |
| 15 |
| other relevant issues: |
| 16 |
| (1) whether the plaintiff had exposure to any asbestos |
| 17 |
| manufactured by, processed by, or otherwise associated with any |
| 18 |
| entity other than the defendant; |
| 19 |
| (2) whether the plaintiff's exposure to asbestos was to |
| 20 |
| asbestos exclusively manufactured by, processed by, or |
| 21 |
| otherwise associated with the defendant; and |
| 22 |
| (3) whether there is a causal relationship between the |