Peoria, IL (309) 676-0591

J. I. Case Co. v. McCartin-McAuliffe

118 Ill.2d 447 (1987)

Manufacturer’s use of employer’s negligence in contribution cases.

Personal injury action was brought against manufacturer of machinery and manufacturer brought third-party action for contribution against employer. The Circuit Court, Champaign County, Creed D. Tucker, J., entered judgment in favor of injured worker against manufacturer, and in favor of manufacturer against employer, and employee and employer appealed. The Appellate Court, 137 Ill.App.3d 562, 91 Ill.Dec. 710, 483 N.E.2d 1345, affirmed judgment in plaintiff’s action, on condition manufacturer agree to additur, and reversed judgment against employer on claim for contribution, and petition was granted for leave to appeal. The Supreme Court, Miller, J., held that: (1) manufacturer’s conduct did not warrant award of punitive damages; (2) award of compensatory damages was not manifestly inadequate; and (3) negligence could form basis for contribution in third-party action brought by manufacturer against employer.  Read More