Heck v. Central Illinois Light Co.

The issue presented in this case is whether a defendant’s contribution claim against a codefendant is considered a “counterclaim” within the meaning of section 2— 1009 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2—1009), so as to prevent a plaintiff from voluntarily dismissing his cause of action without the defendant’s consent. We hold that it is.

This case arises out of a November 16, 1988, multivehicle collision on Interstate 55, in McLean County. On that date, employees of defendant Central Illinois Light Company (Central) were performing maintenance work on power…