Kreisman Law Offices Professional Corporation
The defendant, Toad L. Dragonfly Express Inc., appealed an award of contribution entered against it and in favor of the defendant C.H. Robinson Worldwide Inc. and other corporate entities collectively, CHR.
After the jury trial, judgments totaling $23,225,000 were entered, jointly and severally against Dragonfly and its owner, Luann G. Whitener-Black who is now deceased, DeAn Henry, and CHR in three consolidated tort actions stemming from the fatal automobile crash. Henry was the driver of the semi-tractor involved in the incident. Dragonfly is a federally licensed motor carrier that had leased Henry’s semi-tractor at the time of the accident and CHR was the broker of the load Henry was carrying at the time.
After CHR fully satisfied the tort judgments (including postjudgment interest), CHR sought contribution from Dragonfly under the Illinois Joint Tortfeasor Contribution Act (Act) (740 ILCS 100/0.01 et seq. (West 2014)). The trial court granted CHR’s contribution claim against Dragonfly for 50% of the jury’s total award in the underlying tort actions, including post-judgment interest. Dragonfly then appealed the trial court’s order granting contribution to CHR. Dragonfly argued that CHR is not entitled to contribution from Dragonfly because the Act creates a right of contribution based upon comparative fault, and neither CHR nor Dragonfly were at fault in this case.