Dubina v. Mesirow Realty Development, Inc.

We are asked to decide whether the settlement of a property damage lawsuit can pass the good-faith test under the Contribution Act (the Act) (740 ILCS 100/2(c) (West 1996)) when the plaintiff, as a condition of the settlement agreement, assigns his cause of action to the defendant. We conclude that this kind of settlement undermines the policy of the Act and reverse.

In an earlier review of this case, we dismissed the appeal of defendant Litgen Concrete Cutting and Coring Company (Litgen) for lack of jurisdiction. See Dubina v. Mesirow Realty Development, Inc., 283 Ill. App. 3d 36, 669 N.E.2d…