Former railroad employee sued railroad, alleging he injured his back while attempting to board a moving train. After investigating his claim, railroad filed 3rd-party complaint against Plaintiff's doctor for contribution. Court abused its discretion in finding that settlement that Plaintiff and his doctor reached was entered into in good faith, especially as amount of settlement was far less than doctor's fair share of liability. Court erred as a matter of law when it concluded that common-interest exception applied to prevent waiver of attorney-client privilege when Plaintiff and his doctor shared attorney-client privileged communications with each other. Even when a common interest exists between parties, the client must, at time of disclosure, have an agreement with the receiving party that that party will treat the information as privileged.(PIERCE and GRIFFIN, concurring.)
Illinois Appellate Court
Civil Court
Federal Employers’ Liability Act