Laue v. Leifheit

I do. not agree with the construction placed on section 5 of the Contribution Act (Ill. Rev. Stat. 1983, ch. 70, par. 305) by my colleagues. That section provides:

“A cause of action for contribution among joint tortfeasors may be asserted by a separate action before or after payment, by counterclaim or by third-party complaint in a pending action.”

This section plainly establishes three ways in which a cause of action for contribution may be asserted. I see nothing in section 5 that requires that the cause of action for contribution must be asserted by way of a counterclaim (cross-claim), or…