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Illinois Tool Works12/31/2003
UNPUBLISHED
This contribution action was brought by plaintiff Illinois Tool Works, Inc. (ITW), against defendant Independent Machine Corp. (IMC) to recover damages allegedly in excess of its pro rata share of liability in an underlying lawsuit. After a bench trial, the trial court apportioned responsibility for the plaintiff's injuries and then entered the judgment from which both the plaintiff and the defendant appeal. For the reasons that follow, we affirm and modify the trial court's decision.
On May 8, 1998, Armando and Patrizia Lucas (Lucas plaintiffs) filed a four-count complaint against ITW and IMC sounding in strict liability and negligence. In that underlying complaint, the Lucas plaintiffs alleged that while Armando Lucas was employed by Tapecoat Co. (Tapecoat), he sustained injuries as a result of an incident that occurred during his operation of a "hot melt coating line," which was manufactured in part by ITW and in part by IMC. On August 17, 1998, ITW filed its answer to the Lucases' complaint and denied all material allegations against it. ITW and IMC then cross-claimed against each other for contribution of all sums that were to be assessed against them individually in excess of their relative proportionate share of fault and equitably attributable to the other. In addition, ITW and IMC both impleaded the employer, Tapecoat, for contribution.
On March 1, 2000, Tapecoat filed its answer to ITW's and IMC's complaints for contribution in which it denied all allegations and, alternatively, asserted that any liability it owed in contribution was capped by the amount of its statutory liability under the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2000)) as stated in Kotecki v. Cyclops Welding Corp., 146 Ill. 2d 155 (1991).
Just before trial, ITW and Tapecoat -but not IMC- settled with the Lucas plaintiffs. ITW agreed to pay $2 million, and Tapecoat waived the worker 's compensation lien it had on the Lucas plaintiffs' claim pursuant to section 5(b) of the Act (820 ILCS 305/5(b) (West 2000)). The value of that lien was $234,421.97, which amounted to 10.5% of the total settlement. Thereafter, ITW and Tapecoat filed motions for good-faith and settlement findings which indicated that the Lucas plaintiffs had accepted ITW's and Tapecoat's settlement offers. Both motions were granted, and the Lucas plaintiffs' claims against ITW, IMC and Tapecoat were all dismissed.
Accordingly, the only remaining causes of action were ITW's and IMC's cross-claims against each other for contribution, and those claims proceeded to a bench trial. After hearing all of the evidence presented, the trial court apportioned responsibility as follows:
| "Pro rata share
| Amount already paid
| 30%
| $0
| 35%
| $2,000,000
| 35%
| $234,421.97."
|
After that judgment, ITW argued that the trial court could not find Tapecoat any more than 10.5% at fault, because its liability was capped at that percentage by the supreme court's decision in Kotecki. The trial court rejected ITW's argument and entered judgment against ITW for $782,047.69, which represents 35% of the total settlement. The court also entered judgment for contribution in favor of ITW and against IMC in the amount of $670,326.57. The focus of both cross-appeals is the amount and proper calculation of the judgment award.
The issues presented on appeal involve statutory construction and waiver, and the core facts of this case are not in dispute. "Where there i
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