CM Appellate Team Obtained Defense Ruling On Allocation Of Fault To Settling Defendants
August 23, 2006
CM Partners Ed Kay, Barb Michaelides, Paula Carstensen and Paul Esposito teamed up to secure a new trial for the defense in Ready v. United Goedecke Services Inc., No. 1-04-1762, 2006 WL __, __ N.E.2d __ (2006), a wrongful death/survival action arising out of a construction accident in Illinois.
Decedent, Michel P. Ready, a mechanic employed by Midwest was struck and killed when a wooden I-beam used to erect scaffolding fell as it was being hoisted to the eighth floor by a tugger crane owned and operated by Midwest employees. Terry Ready, as administrator for the estate of Michael Ready, sued Midwest, BMW Constructors, Inc. the general contractor for the project, and United/Goedecke Services, Inc., a subcontractor hired by BMW to erect the scaffolding for the project. Goedecke and BMW sued Midwest for contribution.
Prior to trial, plaintiff settled with Midwest and BMW and the trial court refused to allow the jury to hear evidence and then apportion fault to the settling defendants. The jury returned a verdict against Goedecke the only remaining defendant at trial.
The CM Appellate Team prosecuted Godecke’s appeal before the Illinois First District Appellate Court raising the question of first impression whether settling defendants are included in fault allocation under 735 ILCS 2-1117. In its published unanimous opinion the First District agreed with CM Appellate Team’s arguments, holding the trial court erred in excluding the evidence, argument and jury instructions regarding the fault of the settling tortfeasors. The Court thus awarded Goedecke a new trial so that the fault of all tortfeasors including settling defendants could be assessed by the jury.
Contact any member of the CM Appellate Team for further information on this case or a copy of the opinion.
