A & R Janitorial v. Pepper Construction Co.

This case presents question as to whether trial court properly denied on res judicata grounds employee’s motion to intervene in plaintiff-employer’s subrogation action under Workers’ Compensation Act to recover from defendant any workers’ compensation benefits it paid to employee for injuries sustained by employee, where employee’s prior personal injury lawsuit against instant defendant had been dismissed on statute of limitations grounds. Appellate Court, in reversing trial court, found that dismissal of employee’s untimely filed lawsuit did not act as bar to employee’s attempt to intervene in plaintiff-employer’s timely filed case. In its petition for leave to appeal, defendant argued that any intervention by employee would conflict with holding in Sankey Brothers, Inc., 152 Ill.App.3d 393.