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DUBINA v. MESIROW REALTY DEVELOPMENT

No. 1-94-3118.

719 N.E.2d 1084 (1999)

308 Ill. App.3d 348

241 Ill.Dec. 681

Michael DUBINA et al., Plaintiffs, v. MESIROW REALTY DEVELOPMENT, INC.; Mesirow Realty Management, Inc.; American National Bank & Trust Co. of Chicago; Superior Street Redevelopment Limited Partnership; CCL of Chicago, Inc.; Creative Construction, Ltd.; K&S Automatic Sprinklers, Inc.; and Economy Mechanical Industries, Inc.; Defendants and Counterdefendants and Plaintiffs' Assignees-Appellees (Superior Atrium Partnership; Mesirow Real Estate Investment, Inc.; Mesirow Property Funding Group III; 341 Redevelopment Limited Partnership; Fireman's Fund Insurance Companies; International Insurance Company; and Westchester Insurance Company; Plaintiffs' Assignees-Appellees; Litgen Concrete Cutting and Coring Company, Defendant and Counterplaintiff-Appellant).

Appellate Court of Illinois, First District, Third Division.

Rehearings Denied October 21, 1999.

November 16, 1999.

Attorney(s) appearing for the Case

Herbolsheimer, Lannon, Henson, Duncan and Reagan, P.C., Ottawa, Michael T. Reagan, Kralovec, Marquard, Doyle & Gibbons, Chtd., Chicago (Nancy J. Arnold, John C. Doyle, William E. Spizzirri and Daniel J. Donnelly, of counsel), for Appellant.

Pretzel & Stouffer, Chtd., Chicago (Robert Marc Chemers, Edward B. Ruff III and Mark D. Roth, of counsel), for Appellees Mesirow Realty Development, Inc., Mesirow Realty Management, Inc.; American National Bank & Trust Co. of Chicago; Superior Street Redevelopment Limited Partnership; CCL of Chicago, Inc.; Creative Construction, Ltd.; and Fireman's Fund Insurance Co.

Stephen A. Rehfeldt and James M. Roche of Wylie, Mulherin, Rehfeldt & Varchetto, P.C., Wheaton, for Appellee K&S Automatic Sprinklers, Inc.

Sandra Young and Wayne A. Bolgla of Purcell & Wardrobe, Chtd., Chicago, for Appellee Economy Mechanical Industries, Inc.

Justice CAHILL delivered the opinion of the court:

We are asked to decide whether the settlement of a property damage law suit can pass the good-faith test under the Contribution Act (the Act) (740 ILCS 100/2(c) (West 1996)) when the plaintiff, as a condition of the settlement agreement, assigns his cause of action to the defendant. We conclude that this kind of settlement undermines the policy of the Act and reverse.

In an earlier review of this case, we...

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