![]() |
|
Legislative Action Center Welcome to our Legislative Action Center. Here you can find the contact information for your representatives in Illinois. Soon you will be able to send your representative a fax right from this page! Click here to find your Illinois government officials. Contact Your State Legislator On These Important Issues Construction Safety Act of 2008: House Bill 2094 creates the Construction Safety Act of 2008. This Act basically re-creates the Structural Work Act (Scaffold Act). The Structural Work Act protected workers exposed to the hazards of construction in this state for 88 years by encouraging safety and minimizing the dangers workers face at construction sites. Bill Status of HB 2094 Death of a Defendant: SB 2784 addresses the procedural situation where a defendant dies prior to the filing of a lawsuit and the plaintiff knows the defendant is dead at the time the suit is filed. The amendments to Section 5/13-209(b) simplify and clarify the legal procedure to be followed under the above described circumstance and remove the arbitrary penalty (limiting recovery to liability insurance only) assessed against the plaintiff due to the death of the defendant. Bill
Status of SB 2784 Nursing Homes: HB 5213 provides that no person may establish, operate, maintain, offer, or advertise a long-term care facility unless they provide the Department of Public Health with proof of liability insurance in an amount not less than $1 million. HB 5213 also reinstates a provision that was removed from the statutes in 1995 that provides that a licensee shall pay treble damages (the greater of three times the actual amount of damages or $500) in addition to costs and attorney's fees when the rights of a resident are violated. Bill Status of HB 5213 2-1117: SB 1296 changes Section 2-1117 of the Code of Civil Procedure to restore its original legislative intent. In enacting Section 2-1117, the legislature intended that the apportionment of fault only include those parties who remain in the case when it is submitted to the fact finder. SB 1296 provides that only parties "remaining in the case" and not defendants "dismissed for any reason (including settlement)" will appear on the jury verdict form. Bill
Status of SB 1296 Collateral Source Rule: Although the recent Supreme Court decision of Arthur v. Catour, 216 Ill.2d 72 (Ill. 2005) once again upheld the collateral source rule in Illinois, it has created a great deal of confusion regarding the appropriate method for introducing medical bills into evidence and the application of the collateral source rule in situations where part of the bills were paid by a collateral source (e.g. insurance). As a result of this conflict, trial court judges are uncertain of how to rule on these issues, and litigants are receiving remarkably inconsistent rulings from county to county, and even from judge to judge. SB 747 makes only one change in existing law, which is to simplify proof of medical bills. It will resolve any confusion created by the Supreme Court decision of Arthur v. Catour. |
© 2008 Illinois
Trial Lawyers Association and MegaHunter, Inc., website
design and development. All Rights Reserved. |