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02/03/88 Hobart Dixon, v. Northwestern Publishing

February 3, 1988

HOBART DIXON, PLAINTIFF

v.

NORTHWESTERN PUBLISHING COMPANY, D/B/A THE COMMERCIAL NEWS ET AL., DEFENDANTS AND THIRD-PARTY, PLAINTIFFS-APPELLANTS (MCDOWELL CONSTRUCTION



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

Company, Defendant; George R. Hall, Inc.,

Third-Party Defendant-Appellee)

520 N.E.2d 932, 166 Ill. App. 3d 745, 117 Ill. Dec. 581 1988.IL.121

Appeal from the Circuit Court of Vermilion County; the Hon. Richard E. Scott, Judge, presiding.

Rehearing Denied April 6, 1988.

APPELLATE Judges:

JUSTICE McCULLOUGH delivered the opinion of the court. GREEN, P.J., and SPITZ, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

Northwestern Publishing Company, defendant-third-party plaintiff, appeals an order granting George R. Hall, Inc. (Hall), third-party defendant, summary judgment. Northwestern Publishing Company argues: (1) a direct settlement between an employer third-party defendant and his employee is not in good faith; thus, does not release the employer from third-party liability pursuant to the Contribution Act (Ill. Rev. Stat. 1985, ch. 70, par. 301 et seq.); (2) the trial court erred in finding no justiciable cause of action remained concerning the express indemnity provision after the settlement; and (3) the Contribution Act does not abolish implied indemnity in situations such as the instant case.

We reverse and remand.

In July 1982, Northwestern Publishing Company, d/b/a the Commercial News and Gannett Company, Inc. (Commercial News), contracted with Hall, a contractor, for the installation of several printing presses at the Commercial News plant in Danville. As a part of the general terms and conditions of the contract between Hall and Commercial News, Hall agreed

"to indemnify, defend and hold harmless the Owner on account of property damage, property liability or personal injuries, including death, due solely to any act or the admission [ sic ] of any act, negligent or otherwise, by Hall, Hall's subcontractors, Hall's employees and/or agents."

In order to install the presses, a temporary entrance was made into the building. To secure the opening, Hall installed doors. Hobart Dixon, plaintiff, was planing the top of the door while standing on a scaffold erected by Hall. While he was sawing the top of a door, the boards of the scaffold slipped. Dixon fell and was injured. Dixon filed an application for adjustment of claim, seeking benefits pursuant to the Workers' Compensation Act. (Ill. Rev. Stat. 1985, ch. 48, par. 138.1 et seq.) On February 7, 1983, Dixon filed a complaint against Commercial News, alleging Commercial News had wilfully violated the Structural Work Act. Ill. Rev. Stat. 1983, ch. 48, pars. 60 through 69.

On March 19, 1984, Commercial News filed a three-count, third-party complaint against Hall. In count I, Commercial News sought indemnification based upon express indemnity provisions. In count II, Commercial News sought indemnity on an active-passive negligence theory. In count III, Commercial News alleged it was entitled to ...


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