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ZIARKO v. SOO LINE R.R.

No. 74212.

641 N.E.2d 402 (1994)

161 Ill.2d 267

204 Ill.Dec. 178

Ronald J. ZIARKO v. SOO LINE RAILROAD, Appellant (Milwaukee Motor Transportation Company, Appellee).

Supreme Court of Illinois.

Rehearing Denied October 3, 1994.

Attorney(s) appearing for the Case

James T. Ferrini, Clausen, Miller, Gorman, Caffrey & Witous, P.C., Chicago (James T. Ferrini, Ivar R. Azeris and Edward M. Kay, of counsel), for appellant.

Cassiday, Schade & Gloor, Chicago (Timothy J. Ashe, Lynn D. Dowd, D. Patterson Gloor and Morgan A. Milne, of counsel), for appellee.

Justice McMORROW delivered the opinion of the court:

In this appeal, we decide that the Joint Tortfeasor Contribution Act (Contribution Act) (740 ILCS 100/0.01 et seq. (West 1992)) permits a defendant found guilty of willful and wanton conduct to seek contribution from a defendant found guilty of ordinary negligence, if the willful and wanton acts did not amount to intentionally tortious misconduct. In addition, we conclude that "common liability" under the...

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