Fort Dearborn Cartage Company ex rel. Chubb & Son, Inc. v. Rooks Transfer Co.

In an action brought by plaintiff “loaning” employer to recover from defendant “borrowing” employer amounts paid to an injured employee under section 1(a)(4) of the Illinois Workers’ Compensation Act (Act) (Ill. Rev. Stat. 1983, ch. 48, par. 138.1(a)(4)), the circuit court entered summary judgment in defendant’s favor, from which plaintiff appeals, questioning whether the contract between plaintiff and defendant relieved defendant of reimbursement liability under the Act.

On April 11, 1971, plaintiff and defendant entered into a written contract whereby, among other things, plaintiff cartage…