Camper v. Burnside Construction Co.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 121589
Decision Date: 
October 28, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Justice: 
CUNNINGHAM
Holding: 
Affirmed.
Court properly dismissed with prejudice, per res judicata, contribution count and indemnification count of third-party complaint; underlying case for injury at construction site. Bystander's report cannot be used to supplement the record, when verbatim transcript of proceedings was provided to appellate court. Express reservation exception to doctrine of res judicata did not apply, as nothing in plain language of court order suggested that court was expressly reserving right to file subsequent third-party action against party against whom all pending claims had already been terminated by court. (CONNORS and HOFFMAN, concurring.)