Statutory Interpretation – Illinois Joint Tortfeasor Contribution Act

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7^th Circuit Court of Appeals

Case Name: Thomas Roberts, et al., v. Alexandria Transportation, Inc., et al.,

Case No.: 19-2414; 19-2395

Officials: EASTERBROOK, BRENNAN, and ST. EVE, Circuit Judges.

Focus: Statutory Interpretation – Illinois Joint Tortfeasor Contribution Act

At a road construction site in Madison County, Illinois, a flagger abruptly turned his sign from “SLOW” to “STOP.” Thomas Roberts slammed on his brakes, and Alexandre Solomakha rear-ended him, causing Roberts serious injury and prompting a lawsuit against Solomakha and transportation companies Alexandria Transportation, Inc. and Alex Express, LLC. The Alex Parties filed a thirdparty complaint for contribution against the general contractor for the construction site, Edwards-Kamalduski (“E-K”), and a subcontractor, Safety International, LLC (“Safety”). E-K settled with the plaintiffs, and the district court dismissed it from the Alex Parties’ contribution action with prejudice. The Alex Parties later settled with the plaintiffs, as well.

With E-K out of the picture, though, the Alex Parties’ case becomes more complicated. The Alex Parties contend that the Illinois Joint Tortfeasor Contribution Act, 740 ILCS 100 (the “Contribution Act”), allows for the court to redistribute E-K’s share of liability as determined by a jury between the Alex Parties and Safety, but Safety disagrees. The controversy surrounds the meaning of a particular phrase in the statute— “unless the obligation of one or more of the joint tortfeasors is uncollectable.” We can find no decision of an Illinois court that has addressed whether the “obligation” of a settling party is “uncollectable” pursuant to 740 ILCS 100/3. Rather than decide this issue in the first instance, we respectfully request that the Illinois Supreme Court do so.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.