Ziarko v. Soo Line Railroad

delivered the of the judgment 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 Contribution Act is the amount agreed upon in a post-judgment settlement between the plaintiff and one of the defendants, where the settlement agreement…