Braye v. Archer-Daniels-Midland Co.

Third-party defendant All Tri-R, Inc. (All Tri-R), brings this interlocutory appeal pursuant to Supreme Court Rule 308 (155 111. 2d R. 308) following the decision in the circuit court of Macon County to allow Archer-Daniels-Midland Company (ADM) to amend its third-party complaint. We are called upon to consider the following question certified by the circuit court:

"Whether the liability cap in third[-]party actions provided to an employer who pays an injured employee’s worker[s’] compensation benefits may be waived by contract, and if so, whether a contract which states:

'If [All Tri-R’s] work…