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READY v. UNITED/GOEDECKE SERVICES, INC.

No. 1-04-1762.

854 N.E.2d 758 (2006)

Terry E. READY, Special Administrator of the Estate of Michael P. Ready, Deceased, Plaintiff-Appellee, v. UNITED/GOEDECKE SERVICES, INC., Defendant-Appellant and Counterplaintiff (BMW Constructors, Inc., and Midwest Generation EME, L.L.C., Defendants; Midwest Generation EME, L.L.C., BMW Constructors, Inc., Midwest Generation L.L.C., Edison Mission Energy Services, Inc., Counterdefendants).

Appellate Court of Illinois, First District, Third Division.

August 23, 2006.

Attorney(s) appearing for the Case

Power Rogers & Smith, P.C. (Joseph A. Power, Jr., Devon C. Bruce, of counsel), for Appellee.

Clausen Miller, P.C. (Edward M. Kay, Barbara I. Michaelides, Paula M. Carstensen, Paul V. Esposito, of counsel), for Appellant United/Goedecke Services, Inc.

Justice KARNEZIS delivered the opinion of the court:

In this appeal, we must answer the question: Is a defendant who settles with the plaintiff prior to trial still a "defendant sued by the plaintiff" within the meaning of section 2-1117 of the Code of Civil Procedure (735 ILCS 5/2-1117 (West 2002))? If we answer this question in the affirmative, then all defendants sued by the plaintiff, including those who settled prior to trial, may be included on the jury verdict...

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