Armstead v. National Freight, Inc.

Illinois Supreme Court
Civil Court
Appellate Jurisdiction
Citation
Case Number: 
2021 IL 126730
Decision Date: 
Thursday, December 16, 2021
District: 
3d Dist.
Division/County: 
Grundy Co.
Holding: 
Appellate court vacated; remanded for dismissal.
Justice: 
OVERSTREET

Vehicle collision occurred in Illinois. Plaintiff, in the course of his employment as a semitruck driver with a Pennsylvania-based company, was allegedly struck and injured by the semitruck operated by Defendant in the course of his employment with another company. As a result of collision, Plaintiff filed in Pennsylvania a workers' compensation claim against his employer, which led to execution of a "Compromise and Release Agreement by Stipulation" settling the claim. Plaintiff also filed claim against Defendants in Grundy County (IL) circuit court, which held that the Agreement included a judicial admission that prohibited Plaintiff from claiming injuries other than a right knee strain, and granted Plaintiff's Motion for Partial Summary Judgment or Summary Determination of a Major Issue. That order resolved an issue, not a claim, and thus was not subject to review under Rule 304(a). Court's entry of a Rule 304(a) finding was improper, and appellate court lacked jurisdiction to review circuit court's order. (GARMAN, THEIS, and M. BURKE, concurring; A. BURKE and NEVILLE, concurring in part and dissenting in part.)