The appellate court affirmed. 346 Ill. App. 3d 300. The appellate court held that the trial court was compelled to dismiss the settling defendants' complaint because, pursuant to our second opinion in Dubina, the assignments were "unenforceable."
The Contribution Act provides a right of contribution among two or more parties that are subject to liability in tort arising from the same injury. 740 ILCS 100/2(a) (West 2006); Cosey, 221 Ill. App. 3d at 209, 581 N.E.2d at 917. The Contribution Act provides a mechanism whereby the relative rights of multiple defendants may be sorted out after a plaintiff has collected from among responsible defendants. BHI Corp. v. Litgen Concrete Cutting Coring Co., 346 Ill. App. 3d 300, 306, 804 N.E.2d 707, 712 (2004), aff'd, 214 Ill. 2d 356, 827 N.E.2d 435 (2005). The Contribution Act allows a tortfeasor to seek contribution if it has paid more than its pro rata share of the common liability. 740 ILCS 100/2(b) (West 2006).
The hockey club, however, does not allege that there was evidence of collusion, unfair dealing, or wrongful conduct of the settling parties. See In re Guardianship of Babb, 162 Ill. 2d 153 (1994); BHI Corp. v. Litgen Concrete Cutting Coring Co., 346 Ill. App. 3d 300, 306 (2004). Instead, it argues that the amount of the settlement is inadequate.
Under the Joint Tortfeasor Contribution Act (the Act) ( 740 ILCS 100/1 et seq. (West 2006)), parties that are subject to tort liability arising from the same injury share the payment of damages. BHI Corp. v. Litgen Concrete Cutting Coring Co., 346 Ill. App. 3d 300, 306, 804 N.E.2d 707, 712 (2004). If a tortfeasor has settled with a plaintiff under the Act, the tortfeasor is then released from all liability for contribution to all other tortfeasors. BHI Corp., 346 Ill. App. 3d at 306, 804 N.E.2d at 712.
Their rights and interests were extinguished by the terms of their agreement with the Alex Parties. See BHI Corp. v. Litgen Concrete Cutting & Coring Co., 346 Ill.App.3d 300, 305 (2004). Rather, this is a third-party contribution claim brought by the Alex Parties against Safety and E-K.
February 10, 2004. Appeal from 346 Ill. App. 3d 300. Leave to appeal allowed.