Maher v. Chicago Park District

Defendant, Chicago Park District, appeals from the circuit court of Cook County’s denial of its motion to reduce an arbitration award against the park district by the amount of the prehearing settlement received by plaintiff, James Maher, from Earth, Inc., a codefendant. The park district argues on appeal that it was entitled to such a set-off under the Joint Tortfeasor Contribution Act (the Act) (740 ILCS 10072(c) (West 1992)). We reverse.

Plaintiff’s second amended complaint alleged the negligence of defendants Earth, Inc., Donald Geib, and D&K Trucking, Inc., and wilful and wanton conduct…