McNamee v. Federated Equipment & Supply Co., Inc.

In Kotecki v. Cyclops Welding Corp., 146 Ill. 2d 155 (1991), this court held that where an injured employee sues a third party who then brings a contribution action against the plaintiff’s employer, the third party may obtain contribution from the employer. However, this court limited the contribution to the amount of the employer’s liability to the employee under the Workers’ Compensation Act (820 ILCS 305/1 et seq. (West 1996)). Kotecki involved a private employer.

In this case, the question presented for review is whether the Kotecki cap limits a public employer’s third-party contribution…