American National Bank & Trust Co. v. Columbus-Cuneo-Cabrini Medical Center

We answer today a question which remained unresolved after Allison v. Shell Oil Co. (1986), 113 Ill. 2d 26, 27, and Frazer v. A.F. Munsterman, Inc. (1988), 123 Ill. 2d 245, 261: whether “An Act in relation to contribution among joint tortfeasors” (Contribution Act) (Ill. Rev. Stat. 1985, ch. 70, par. 301 et seq.) effectively abolished actions for common law implied indemnity for situations involving vicarious liability. We conclude it did not.

BACKGROUND

The question arises here pursuant to a medical malpractice action brought on the behalf of Kennicki Freeman, a young boy who suffered profound…