United Parcel Service (UPS) has conceded it could not sue Material Handling Services (MHS) for contribution under the Illinois Joint Tortfeasor Contribution Act. This case stems from an incident involving Raichid Rafik, a UPS employee who was struck on the head by a 10-lb. metal disc that fell from an overhead package handling system.
Rafik sued MHS for negligence in designing and installing the warehouse machinery and UPS for spoliation in choosing not to preserve the evidence he needed to identify and sue the shipper for negligent packaging. UPS filed a cross-claim against MHS for subrogation, equitable and statutory.
UPS reasoned it was entitled to equitable subrogation and statutory subrogation under 740 ILCS 100/2(f) of the Illinois Contribution Act because (1) the damage it potentially owed for spoliation was equal to what Rafik could have recovered from the shipper, and (2) the shipper could have pursued a contribution claim against MHS.