Yet another problem with fault apportionment

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Goldberg Segalla focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted July 14, 2021 11:34 AM

In the 41 years since comparative negligence was abolished by the Illinois Supreme Court in Alvis v. Ribar, 85 Ill.2d 1 (1981), and the 35 years since modified comparative fault was adopted (and since amended as detailed in this space on May 6, 2020), one would have thought that the definition of “bodily injury” in 735 ILCS 5/2-1117 and apportionment of fault for an indivisible injury would have been sorted. But, as shown in Victim A v. Song, 2021 IL App (1st) 200826, it is apparent that those issues have not been resolved …

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