Ed Kay Argued Apportionment of Fault Before Illinois Sup. Ct.
May 22, 2007
Clausen Miller Appellate Practice Group partner and co-chair Edward Kay presented argument to the Illinois Supreme Court on May 22, 2007 in the case Ready v. United/Goedecke Services, Inc., No. 103474 which was crucial to the Illinois Defense Bar in defending tort litigation in Illinois. The Ready case involved the question of whether fault can be allocated to settling and dismissed defendants in tort litigation in order to protect a non-settling defendant’s rights to obtain a several liability finding under Illinois’ joint and several liability statute -- section 2-1117 of the Illinois Code of Civil Procedure. Defendants found less than 25% at fault under that statute are only liable for their percentage share of a plaintiff’s non-medical damages. Ed Kay was defending the appellate court decision issued in August of 2006 in which the First District Appellate Court sitting in Chicago overturned the plaintiff’s verdict in Ready of $14,230,000 because of the trial court’s failure to allocate fault to settling defendants. Ed and senior counsel Paul Esposito obtained that reversal from the First District.
We attach below for your further information the lead article of the May 22, 2007 of the Chicago Law Bulletin further describing the arguments made before the Illinois Supreme Court in Ready.
Justices Weigh Effect of Partial Settlements