Mondschein v. Power Construction Company 

Plaintiff was injured at construction site on Loyola University building project, and sued general contractor, which filed third-party complaint for contribution against Plaintiff's employer, a steel subcontractor. Plaintiff settled with general contractor for $2.67 million and assignment of counterclaim against steel subcontractor. Jury apportioned liability of steel subcontractor at 35%, and entered judgment for it for 35% of $2.67 million. Court properly denied motion to dismiss where Plaintiff presented evidence to obviate defects in assignment of third-party claim for contribution, that insurers agreed to assign to Plaintiff any subrogated right of contribution. Plaintiff has right to assignment of contribution for amount of subcontractor's actual loss, which is amount not covered by its insurer. Subcontractor did not forfeit its affirmative defense by not raising it until six weeks before trial on contribution claim. (KARNEZIS and CUNNINGHAM, concurring.)