Unzicker v. Kraft Food Ingredients Corp.

At issue in this appeal are several questions regarding both the interpretation and constitutionality of section 2 — 1117 of the Code of Civil Procedure (735 ILCS 5/2 — 1117 (West 1994)), which modified the common law rule of joint and several liability. Pursuant to section 2 — 1117, any tortfeasor whose percentage of fault for a plaintiffs injuries is found to be “less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant who could have been sued by the plaintiff’ is only severally liable for the plaintiff’s nonmedical…