Articles From Edward M. Kay | Illinois State Bar Association

The question of whether an allocation of fault can be made to settling or dismissed defendants remains a hot topic in Illinois By Melinda S. Kollross & Edward M. Kay Bench and Bar, August 2008 Section 2-1117 of the Illinois Code of Civil Procedure (735 ILCS 5/2-1117) provides for a modified joint and several liability scheme in which a defendant, found less than 25 percent at fault, is only severally liable for a plaintiff’s non-medical damages.

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