 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Ciccone v. Dominick's Finer Foods5/30/2000
Appeal from the Circuit Court of Cook County Honorable Susan G. Fleming Judge Presiding.
Dominick's Finer Foods, Inc. (Dominick's), appeals from the trial court's dismissal of count I of Dominick's third-party contribution action against Mercuri Sewer Contractors, Inc. (Mercuri). The court found that Dominick's right to contribution did not accrue prior to the repeal of the Structural Work Act (Act) (740 ILCS 150/0/01 et seq. (West 1992)) and that therefore its contribution claim under the Act was barred. The sole issue on appeal is when Dominick's right to contribution accrued under the Structural Work Act. We reverse and remand.
On September 14, 1994, plaintiff Paolo Ciccone (plaintiff), an employee of Mercuri, was allegedly injured while performing his duties on the construction site for an addition to a grocery store owned and managed by Dominick's in the Village of River Grove, Illinois . Dominick's had entered into a contract with Robert F. Phillips Plumbing Company (Phillips) to perform plumbing work at the construction site. Phillips, in turn, had subcontracted with Mercuri to perform part of the job . At the time of his injury, plaintiff was engaged in removing reinforced cement from the work site. He was balancing on a pile of concrete in a Dumpster for support when he fell and sustained his injury.
On September 13, 1996, plaintiff filed suit against Dominick's, Phillips, R.G. Lyon & Associates, Inc., the architectural firm, and Stern-Joglekar, Ltd., the structural engineering firm (defendants). Plaintiff later voluntarily nonsuited R.G. Lyon & Associates and Stern- Joglekar. Plaintiff filed an amended complaint on April 22, 1997. Count I of the amended complaint alleged that defendants proximately caused plaintiff's injuries by violating provisions of the Structural Work Act. Count II alleged negligence. Dominick's filed a motion to dismiss count I of the amended complaint arguing that plaintiff could not claim under the Structural Work Act because the Act was repealed, effective February 15, 1995. Plaintiff responded that his injury occurred before the effective date of repeal. The trial court denied Dominick's motion to dismiss.
On May 1, 1998, Dominick's filed a third-party complaint against Mercuri for contribution under the Joint Tortfeasor Contribution Act (740 ILCS 100/0.02 et seq. (West Supp. 1999)). In count I, Dominick's sought contribution from Mercuri based on alleged violations of the Structural Work Act. In count II, Dominick's sought contribution from Mercuri based on negligence. Mercuri moved to dismiss count I pursuant to section 2-615 of the Illinois Code of Civil Procedure (735 ILCS 5/2- 615 (West 1992)) for failure to state a claim upon which relief could be granted. Mercuri alleged that Dominick's right of contribution did not arise until September 13, 1996, the date on which the underlying lawsuit was filed. Mercuri argued that, because this date fell after the repeal date of the Structural Work Act, Dominick's could not allege a cause of action based on the Structural Work Act.
After a hearing, the trial court granted Mercuri's motion to dismiss count I of Dominick's third-party complaint. Citing to Caballero v. Rockford Punch Press & Manufacturing Co., 244 Ill. App. 3d 333, 614 N.E. 2d 362 (1993), the trial court stated that a " ight to contribution exists in an inchoate form from the time of the injury to the original claim and accrues for purposes of statutes of limitation, one, when there is no underlying direct action pending and the party seeking contribution makes payment to the injured party, or two, when the party seeking contribution is sued in an underlying direct action and is given notice of the
Page 1 2 3 4 5 6 Illinois Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|