Public Act 90-0111 of the 90th General Assembly
Public Act 90-0111
HB0297 Enrolled LRB9000213PTcw
AN ACT concerning court proceedings.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Liquor Control Act of 1934 is amended by
changing Section 6-21 as follows:
(235 ILCS 5/6-21) (from Ch. 43, par. 135)
Sec. 6-21. (a) Every person who is injured within this
State, in person or property, by any intoxicated person has a
right of action in his or her own name, severally or jointly,
against any person, licensed under the laws of this State or
of any other state to sell alcoholic liquor, who, by selling
or giving alcoholic liquor, within or without the territorial
limits of this State, causes the intoxication of such person.
Any person at least 21 years of age who pays for a hotel or
motel room or facility knowing that the room or facility is
to be used by any person under 21 years of age for the
unlawful consumption of alcoholic liquors and such
consumption causes the intoxication of the person under 21
years of age, shall be liable to any person who is injured in
person or property by the intoxicated person under 21 years
of age. Any person owning, renting, leasing or permitting the
occupation of any building or premises with knowledge that
alcoholic liquors are to be sold therein, or who having
leased the same for other purposes, shall knowingly permit
therein the sale of any alcoholic liquors that have caused
the intoxication of any person, shall be liable, severally or
jointly, with the person selling or giving the liquors.
However, if such building or premises belong to a minor or
other person under guardianship the guardian of such person
shall be held liable instead of the ward. A married woman has
the same right to bring the action and to control it and the
amount recovered as an unmarried woman. All damages recovered
by a minor under this Act shall be paid either to the minor,
or to his or her parent, guardian or next friend as the court
shall direct. The unlawful sale or gift of alcoholic liquor
works a forfeiture of all rights of the lessee or tenant
under any lease or contract of rent upon the premises where
the unlawful sale or gift takes place. All actions for
damages under this Act may be by any appropriate action in
the circuit court. An action shall lie for injuries to either
means of support or loss of society, but not both, caused by
an intoxicated person or in consequence of the intoxication
of any person resulting as hereinabove set out. "Loss of
society" means the mutual benefits that each family member
receives from the other's continued existence, including
love, affection, care, attention, companionship, comfort,
guidance, and protection. "Family" includes spouse,
children, parents, brothers, and sisters. The action, if the
person from whom support or society was furnished is living,
shall be brought by any person injured in means of support or
society in his or her name for his or her benefit and the
benefit of all other persons injured in means of support or
society. However, any person claiming to be injured in means
of support or society and not included in any action brought
hereunder may join by motion made within the times herein
provided for bringing such action or the personal
representative of the deceased person from whom such support
or society was furnished may so join. In every such action
the jury shall determine the amount of damages to be
recovered without regard to and with no special instructions
as to the dollar limits on recovery imposed by this Section.
The amount recovered in every such action is for the
exclusive benefit of the person injured in loss of support or
society and shall be distributed to such persons in the
proportions determined by the verdict rendered or judgment
entered in the action. If the right of action is settled by
agreement with the personal representative of a deceased
person from whom support or society was furnished, the court
having jurisdiction of the estate of the deceased person
shall distribute the amount of the settlement to the person
injured in loss of support or society in the proportion, as
determined by the court, that the percentage of dependency of
each such person upon the deceased person bears to the sum of
the percentages of dependency of all such persons upon the
deceased person. For all causes of action involving persons
injured, killed, or incurring property damage before
September 12, 1985, in no event shall the judgment or
recovery under this Act for injury to the person or to the
property of any person as hereinabove set out exceed $15,000,
and recovery under this Act for loss of means of support
resulting from the death or injury of any person, as
hereinabove set out, shall not exceed $20,000. For all causes
of action involving persons injured, killed, or incurring
property damage after September 12, 1985 but before July 1,
1998, in no event shall the judgment or recovery for injury
to the person or property of any person exceed $30,000 for
each person incurring damages, and recovery under this Act
for loss of means of support resulting from the death or
injury of any person shall not exceed $40,000. For all causes
of action involving persons injured, killed, or incurring
property damage on or after July 1, 1998, in no event shall
the judgment or recovery for injury to the person or property
of any person exceed $45,000 for each person incurring
damages, and recovery under this Act for either loss of means
of support or loss of society resulting from the death or
injury of any person shall not exceed $55,000. Beginning in
1999, every January 20, these liability limits shall
automatically be increased or decreased, as applicable, by a
percentage equal to the percentage change in the consumer
price index-u during the preceding 12-month calendar year.
"Consumer price index-u" means the index published by the
Bureau of Labor Statistics of the United States Department of
Labor that measures the average change in prices of goods and
services purchased by all urban consumers, United States city
average, all items, 1982-84 = 100. The new amount resulting
from each annual adjustment shall be determined by the
Comptroller and made available to the chief judge of each
judicial circuit. The liability limits at the time at which
damages subject to such limits are awarded by final judgment
or settlement shall be utilized by the courts. Nothing in
this Section bars any person from making separate claims
which, in the aggregate, exceed any one limit where such
person incurs more than one type of compensable damage,
including personal injury, property damage, and loss to means
of support or society. However, all persons claiming loss to
means of support or society shall be limited to an aggregate
recovery not to exceed the single limitation set forth herein
for the death or injury of each person from whom support or
society is claimed.
Nothing in this Act shall be construed to confer a cause
of action for injuries to the person or property of the
intoxicated person himself, nor shall anything in this Act be
construed to confer a cause of action for loss of means of
support or society on the intoxicated person himself or on
any person claiming to be supported by such intoxicated
person or claiming the society of such person. In conformance
with the rule of statutory construction enunciated in the
general Illinois saving provision in Section 4 of "An Act to
revise the law in relation to the construction of the
statutes", approved March 5, 1874, as amended, no amendment
of this Section purporting to abolish or having the effect of
abolishing a cause of action shall be applied to invalidate a
cause of action accruing before its effective date,
irrespective of whether the amendment was passed before or
after the effective date of this amendatory Act of 1986.
Each action hereunder shall be barred unless commenced
within one year next after the cause of action accrued.
However, a licensed distributor or brewer whose only
connection with the furnishing of alcoholic liquor which is
alleged to have caused intoxication was the furnishing or
maintaining of any apparatus for the dispensing or cooling of
beer is not liable under this Section, and if such licensee
is named as a defendant, a proper motion to dismiss shall be
granted.
(b) Any person licensed under any state or local law to
sell alcoholic liquor, whether or not a citizen or resident
of this State, who in person or through an agent causes the
intoxication, by the sale or gift of alcoholic liquor, of any
person who, while intoxicated, causes injury to any person or
property in the State of Illinois thereby submits such
licensed person, and, if an individual, his or her personal
representative, to the jurisdiction of the courts of this
State for a cause of action arising under subsection (a)
above.
Service of process upon any person who is subject to the
jurisdiction of the courts of this State, as provided in this
subsection, may be made by personally serving the summons
upon the defendant outside this State, as provided in the
Code of Civil Procedure, as now or hereafter amended, with
the same force and effect as though summons had been
personally served within this State.
Only causes of action arising under subsection (a) above
may be asserted against a defendant in an action in which
jurisdiction over him or her is based upon this subsection.
Nothing herein contained limits or affects the right to
serve any process in any other manner now or hereafter
provided by law.
(Source: P.A. 84-1308; 84-1380; 84-1381; 84-1438.)
Section 5. The Code of Civil Procedure is amended by
changing Sections 2-1008 and 13-209 as follows:
(735 ILCS 5/2-1008) (from Ch. 110, par. 2-1008)
Sec. 2-1008. Abatement; change of interest or liability;
substitution of parties.
(a) Change of interest or liability. If by reason of
marriage, bankruptcy, assignment, or any other event
occurring after the commencement of a cause or proceeding,
either before or after judgment, causing a change or
transmission of interest or liability, or by reason of any
person interested coming into existence after commencement of
the action, it becomes necessary or desirable that any person
not already a party be before the court, or that any person
already a party be made party in another capacity, the action
does not abate, but on motion an order may be entered that
the proper parties be substituted or added, and that the
cause or proceeding be carried on with the remaining parties
and new parties, with or without a change in the title of the
cause.
(b) Death. If a party to an action dies and the action
is one which survives, the proper party or parties may be
substituted by order of court upon motion as follows:.
(1) If no petition for letters of office for the
decedent's estate has been filed, the court may appoint a
special representative for the deceased for the purpose
of prosecuting the action. The appointment shall be on
verified motion of any party who appears entitled to
participate in the deceased's estate, reciting the names
and last known addresses of all known heirs and the
legatees and executor named in any will that has been
filed. The court's determination that a person appears
entitled to participate in the deceased's estate shall be
solely for purposes of this Section and not determinative
of rights in final disposition. Within 90 days after
appointment, the special representative shall notify the
heirs and legatees of the following information by mail:
that an appointment has been made, the court in which the
case was filed, the caption of the case, and a
description of the nature of the case. The special
representative shall publish notice to unknown heirs and
legatees as provided in the Probate Act of 1975. If a
will is filed within 90 days after the appointment of the
special representative, the same notice shall be given to
any additional executors and legatees named in the will.
At any time that an estate is opened with a
representative other than the special representative, the
court may upon motion substitute the representative for
the special representative. In this case, the court
shall allow disbursements and fees of the special
representative and his or her attorney as a claim against
any proceeds received. The proceeds of any judgment or
settlement shall be distributed under the provisions of
the Probate Act of 1975. This paragraph (1) does not
apply to actions pending under the Wrongful Death Act.
(2) If a person against whom an action has been
brought dies, and the cause of action survives and is not
otherwise barred, his or her personal representative
shall be substituted as a party. If no petition has been
filed for letters of office for the deceased's estate,
the court, upon the motion of a person bringing an action
and after the notice to the party's heirs or legatees as
the court directs and without opening an estate, may
appoint a special representative for the deceased party
for the purposes of defending the action. If a party
elects to have a special representative appointed under
this paragraph (2), the recovery shall be limited to the
proceeds of any liability insurance protecting the estate
and shall not bar the estate from enforcing any claims
that might have been available to it as counterclaims.
If a motion to substitute is not filed within 90 days
after the death is suggested of record, the action may be
dismissed as to the deceased party.
If the death of a party to a personal action is suggested
of record and no petition for letters of office for his or
her estate has been filed, the court, upon motion and after
such notice to the party's heirs or legatees as the court
directs, and without opening of an estate, may appoint a
special administrator for the deceased party for the purpose
of prosecuting or defending the action. If a legal
representative is appointed for the estate before judgment is
entered, and his or her appointment is suggested of record in
the action, the court shall order that the representative be
substituted for the special administrator.
If a judgment is entered or the action is settled in
favor of the special administrator, he or she shall
distribute the proceeds as provided by law, except that if
proceeds in excess of $1,000 are distributable to a minor or
person under legal disability, the court shall allow
disbursements and fees to the special administrator and his
or her attorney and the balance shall be administered and
distributed under the supervision of the probate division of
the court.
In the event of the death of a party in an action in
which the right sought to be enforced survives only as to the
remaining parties to the action, the action does not abate.
The death shall be suggested of record and the action shall
proceed in favor of or against the remaining parties.
No action brought for the use of another abates by reason
of the death of the plaintiff whose name is used but may be
maintained by the party for whose use it was brought in his
or her own name upon suggesting the death of record and the
entry of an order of substitution.
(c) Legal disability. If a party is declared to be a
person under legal disability, that fact shall be suggested
of record and the prosecution or defense shall be maintained
by his or her representative, guardian ad litem or next
friend, as may be appropriate.
(d) Trustees; public officers. If any trustee or any
public officer ceases to hold the trust or office and that
fact is suggested of record, the action shall proceed in
favor of or against his or her successor.
(e) Service of process. Parties against whom relief is
sought, substituted under subsection (a) hereof, shall be
brought in by service of process. Service of process on
parties substituted under subsections (b), (c), and (d)
hereof is not required, but notice shall be given as the
court may direct.
(Source: P.A. 83-707.)
(735 ILCS 5/13-209) (from Ch. 110, par. 13-209)
Sec. 13-209. Death of party.
(a) If a person entitled to bring an action dies before
the expiration of the time limited for the commencement
thereof, and the cause of action survives:,
(1) an action may be commenced by his or her
representative before the expiration of that time, or
within one year from his or her death whichever date is
the later;
(2) if no petition for letters of office for the
decedent's estate has been filed, the court may appoint a
special representative for the deceased for the purpose
of prosecuting the action. The appointment shall be on
verified motion of any party who appears entitled to
participate in the deceased's estate, reciting the names
and last known addresses of all known heirs and the
legatees and executor named in any will that has been
filed. The court's determination that a person appears
entitled to participate in the deceased's estate shall be
solely for purposes of this Section and not determinative
of rights in final disposition. Within 90 days after
appointment, the special representative shall notify the
heirs and legatees of the following information by mail:
that an appointment has been made, the court in which the
case was filed, the caption of the case, and a
description of the nature of the case. The special
representative shall publish notice to unknown heirs and
legatees as provided in the Probate Act of 1975. If a
will is filed within 90 days after the appointment of the
special representative, the same notice shall be given to
any additional executors and legatees named in the will.
At any time that an estate is opened with a
representative other than the special representative, the
court may upon motion substitute the representative for
the special representative. In this case, the court
shall allow disbursements and fees of the special
representative and his or her attorney as a claim against
any proceeds received. The proceeds of any judgment or
settlement shall be distributed under the provisions of
the Probate Act of 1975.
(b) If a person against whom an action may be brought
dies before the expiration of the time limited for the
commencement thereof, and the cause of action survives, and
is not otherwise barred:,
(1) an action may be commenced against his or her
personal representative after the expiration of the time
limited for the commencement of the action, and within 6
months after the person's death;
(2) if no petition has been filed for letters of
office for the deceased's estate, the court, upon the
motion of a person entitled to bring an action and after
the notice to the party's heirs or legatees as the court
directs and without opening an estate, may appoint a
special representative for the deceased party for the
purposes of defending the action. If a party elects to
have a special representative appointed under this
paragraph (2), the recovery shall be limited to the
proceeds of any liability insurance protecting the estate
and shall not bar the estate from enforcing any claims
that might have been available to it as counterclaims.
(c) If a party commences an action against a deceased
person whose death is unknown to the party before the
expiration of the time limited for the commencement thereof,
and the cause of action survives, and is not otherwise
barred, the action may be commenced against the deceased
person's personal representative if all of the following
terms and conditions are met:
(1) After learning of the death, the party proceeds
with reasonable diligence to move the court for leave to
file an amended complaint, substituting the personal
representative as defendant.
(2) The party proceeds with reasonable diligence to
serve process upon the personal representative.
(3) If process is served more than 6 months after
the issuance of letters of office, liability of the
estate is limited as to recovery to the extent the estate
is protected by liability insurance.
(4) In no event can a party commence an action
under this subsection (c) unless a personal
representative is appointed and an amended complaint is
filed within 2 years of the time limited for the
commencement of the original action.
(Source: P.A. 86-793; 86-815; 86-1028.)
Section 99. Effective date. This Act takes effect upon
becoming law.