Adukia v. Finney

PRESIDING JUSTICE COOK

delivered the opinion of the court:

The issue in this case arose when the supreme court, in Best v. Taylor Machine Works, 179 Ill. 2d 367, 689 N.E.2d 1057 (1997), struck down a statute that replaced joint and several liability with proportionate several liability. Defendant had relied on proportionate several liability when she was sued and did not file a third-party contribution action at that time. Defendant filed her contribution action after Best was decided, but the trial court dismissed the action on the basis that the statute of limitations had run by that time.…