Saunders v. Orbitz Worldwide, LLC

Illinois Appellate Court
Civil Court
Tortfeasor Contribution Act
Citation
Case Number: 
2023 IL App (1st) 221018
Decision Date: 
Wednesday, May 24, 2023
District: 
1st Dist.
Division/County: 
3d Div./Cook Co.
Holding: 
Affirmed.
Justice: 
D.B. WALKER

Plaintiffs appealed from the judgment of the trial court finding that the Joint Tortfeasor Contribution Act applied to set off a portion of a settlement with a third-party defendant against any judgment plaintiff obtained in their cases against the defendants/third-party plaintiffs. Plaintiffs argued on appeal that the third-party defendant was not a party subject to liability in tort under the Contribution Act and that civil rights violations caused by the third-party defendant’s conduct were distinct from the tort injuries plaintiffs alleged against the defendants. The appellate court affirmed, finding that the setoff order was appropriate because it supported the Contribution Act’s purpose of the equitable apportionment of damages. The appellate court also held that the trial court’s determination regarding the amount of the setoff was not a final judgment because the plaintiffs could have filed a motion to reconsider the amount and, as a result the appellate court did not have jurisdiction to consider the setoff amount. (McBRIDE and BURKE, concurring)