Contribution Among Joint Tortfeasors
Author | Jennifer Duncan-Brice |
Pages | 601-618 |
33-1 (Rev. 12, 9/16)
Chapter 33
CONTRIBUTION AMONG JOINT
TORTFEASORS
QUICK VIEW
Definition: Contribution is the right of a tortfeasor who has discharged a common liability to recover from
another liable tortfeasor the amount paid in excess of his pro rata share.
Scope: Right of contribution, enforcement of contribution, effect of contribution on joint and several
liability, and plaintiffs’ rights; liability theories to which contribution does and does not apply; effects
of settlement on the settling tortfeasor and the non-settling tortfeasors; contribution against a plaintiff’s
employer.
Statutes and Rules: 740 ILCS 100/1-100/5; 735 ILCS 5/13-204; 735 ILCS 5/2-1117.
Jury Instructions: IPI B45.03A, 600.01- 600.17
Related Topics: Statutes of Limitations, Ch 3; Settlement and Alternative Dispute Resolution, Ch 32.
TABLE OF CONTENTS
I. Right of Contribution
§33:01 Introduction
§33:02 When Right of Contribution Exists
§33:03 Must Be Subject to Liability in Tort
II. Enforcement of Contribution
§33:10 Asserting an Action for Contribution
§33:11 Pleading a Right of Contribution
§33:12 Limitations Period
III. Effect of Contribution Act on Joint and Several Liability
§33:20 Interplay of Rights
§33:21 Relationship Between Contribution and Joint and Several Liability
ILLINO IS PRE TRIAL PRACTICE 33-2
IV. Contribution and Theories of Liability
§33:30 Contribution Parties at Fault on Different Theories of Liability
§33:31 No Contribution for Intentional Torts
§33:32 Contribution Possible for Wanton and Willful Conduct
§33:33 No Contribution for Punitive Damages
§33:34 Immunities
§33:35 Statutory Causes of Action Not Subject to Contribution
§33:36 No Contribution on Contract and Warranty Claims
V. Amount of Contribution
§33:50 Limited to Amounts Paid in Excess of Pro Rata Share
§33:51 Excess Contribution When Obligation of Joint Tortfeasor Is Uncollectible
§33:52 Relative Culpability
§33:53 Common Liability: Established by Verdict or Settlement Amount?
VI. Settlement, Releases, and Covenants Not to Sue
A. Effects of Settlement With One of Several Tortfeasors
§33:60 Effect of Release on Settling Tortfeasor
§33:61 Effect of Release on Remaining Tortfeasors
§33:62 Good Faith Requirement
§33:63 Burden of Proving Good Faith
§33:64 Factors Considered in Determining Good Faith
§33:65 Case Examples
§33:66 Naming of Settling Defendants on Jury Form
B. Settlements Involving Concurrent or Successive Tortfeasors and Divisible Injuries
§33:80 Set-off Only for Same Injury or Wrongful Death
§33:81 Allocation of Settlement Award Among Different Injuries: Tortfeasors Joined in One
Suit
§33:82 Allocation of Settlement Award Among Different Injuries: Tortfeasors Sued Separately
§33:83 Narrow Scope of Patton Rule
VII. Contribution Against Plaintiff’s Employer
§33:90 Impact of Workers’ Compensation Defense
§33:91 Amount of Contribution: The Kotecki Limitation
§33:92 Waiving the Kotecki Limitation
§33:93 Apportioning Fault
§33:94 Resolving Conflicts of Law
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