Furthermore, plaintiff's claim that she has been deprived of a substantive cause of action because the amended section 3-602 raises the burden of proof a plaintiff must meet in order to recover punitive damages is misplaced. The repeal of one of the remedies available to plaintiff under the Act does not deprive plaintiff of her cause of action. As stated, the amendment alters neither the substance nor the elements of a violation under the Act. The amendment to section 3-602 pertains only to the remedies available to plaintiff once plaintiff has proved her cause of action. Under the amended version of the statute, plaintiff may recover actual damages and attorney fees upon proof of defendant's negligent violations of the Act, and may additionally recover common law punitive damages upon proof of willful and wanton misconduct on the part of defendant.
Hogan is factually distinguishable and inapposite to the cause at bar.
Unlike the plaintiff in Hogan , plaintiff in the cause at bar has not suffered a deprivation of vested rights as a result of the application of the amended section 3-602 to her suit. As explained above, plaintiff's right to pursue her cause of action under the Act is unaffected by the amendment, and several remedies remain available for enforcement of plaintiff's rights. 171 Ill. 2d at 291. 171 Ill. 2d at 291. The legislature has exercised this right by eliminating the statutory provision for treble damages in section 3-602 of the Act and by not including a savings clause as to existing litigation.