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