noting, “Although stated in terms of partial indemnity rather than contribution, the prayer for relief clearly seeks contribution based on the relative degree to which the employer’s misuse of the product or assumption of the risk contributed to cause plaintiff’s injuries”
How later courts described this case
- noting, “Although stated in terms of partial indemnity rather than contribution, the prayer for relief clearly seeks contribution based on the relative degree to which the employer’s misuse of the product or assumption of the risk contributed to cause plaintiff’s injuries”
- “Although stated in terms of partial indemnity rather than contribution, the prayer for relief clearly seeks contribution based on relative degree to which the employer’s misuse of the product or assumption of the risk contributed to cause plaintiff’s injuries”
- prayer for "partial indemnity" against employer construed as a contribution claim
Written by the judges who cited it.
Distinguished
Distinguished by a later decision, 771 F.2d 224 (1985)
lowing indemnity complaints to survive the pleading stage to enable the third-party plaintiff to prove that the third-party defendant "was the real party at fault and that [third-party] plaintiff's liability was derived from a relationship which did not involve negligence or misconduct on his part," Stevens v. Silver Manufacturing Co., 41 Ill.App.3d 483, 489, 355 N.E.2d 145 (2d Dist.1976), reversed on other grounds,…
The opinion
MR. JUSTICE UNDERWOOD, dissenting:
For the reasons set forth in my dissent in Skinner v. Reed-Prentice Division Package Machinery Co. (1977), 70 Ill. 2d 1, 20 , I cannot agree with the court here.