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Illinois Tool Works12/31/2003
l pro rata shares of IMC (30%) + ITW (35%) = 65% = .538 x .895 = 48.2%
Ultimately, in recognition that Tapecoat's liability was capped, the pro rata shares of responsibility should be readjusted as follows:
| Pro Rata Share
| Amount Already Paid
| 41.3%
| $0
| 48.2%
| $2,000,000.00
| 10.5%
| $234,421.97
| 100%
| $2,234,421.97
|
Once those percentages have been readjusted, the total common liability of $2,234,421.97 should then be multiplied by IMC's pro rata share of responsibility of 41.3% to arrive at the correct judgment award of $922,816.28 against IMC and in ITW's favor.
In the end, we agree with ITW that this judgment award better promotes the dual policy interests of the Contribution Act: settlement and the ability to recover the amount of damages that a joint tortfeasor pays in excess of its pro rata share of responsibility. For these reasons and those foregoing, we affirm the trial court's judgment against IMC in ITW's favor, but modify the amount of that judgment from $670,326.57 to $922,816.28 due to the effect of the Workers' Compensation Act on the amount of liability the Lucas plaintiffs could recover from Armando Lucas's employer Tapecoat.
Affirmed as modified.
HARTMAN and THEIS, JJ., concur.
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