Thompson v. Centegra Management Services, Inc.

In a medical malpractice action, a defendant appealed from a judgment against it and the trial court’s denial of its motion for a setoff. At issue was whether under the Joint Tortfeasor Contribution Act the defendant was entitled to a setoff of the judgment against it for an amount paid by a co-defendant pursuant to a high-low agreement. The appellate court reversed, finding that the defendant was entitled to a set-off under Illinois’s “clear” policy against a plaintiff receiving a windfall through a double recovery. (JORGENSEN and MULLEN, concurring)