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MORIZZO v. LAVERDURE

No. 83-1125.

127 Ill. App.3d 767 (1984)

469 N.E.2d 653

ANTHONY MORIZZO, Plaintiff-Appellee, v. KAY LAVERDURE et al., Defendants-Appellees. ("K" Koncrete, Inc., et al., Third-Party Plaintiffs-Appellees; Bena Associates, Inc., Third-Party Defendant-Appellant; Baranyk-Popwych, Ltd., Third-Party Defendant).

Appellate Court of Illinois — First District (2nd Division).

Opinion filed September 18, 1984.

Attorney(s) appearing for the Case

Stephen E. Sward and David C. Gustman, both of Rooks, Pitts, Fullagar & Poust, of Chicago, for appellant.

Aaron M. Spiezer, of St. Charles, and Eric Ferleger, of Chicago, for appellees "K" Koncrete, Inc., Ronald Laverdure, and Patricia Laverdure, d/b/a "K" Koncrete Company.

Reversed and remanded.

JUSTICE DOWNING delivered the opinion of the court:

Does a cause of action for active-passive indemnity continue to exist in Illinois as the result of the adoption of the Contribution Among Joint Tortfeasors Act (hereinafter the Contribution Act) (Ill. Rev. Stat. 1983, ch. 70, par. 301 et seq.)? The trial court denied a motion to dismiss a third-party complaint based exclusively on active-passive indemnification, and certified...

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