APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION
States Steel Corporation et al., Third-Party, Defendants; The Capitol Companies, Inc.,
et al., Third-Party, Defendants-Appellees)
532 N.E.2d 314, 177 Ill. App. 3d 464, 126 Ill. Dec. 629 1988.IL.1771
Appeal from the Circuit Court of Cook County; the Hon. Thomas R. Rakowski, Judge, presiding.
JUSTICE FREEMAN delivered the opinion of the court. WHITE, P.J., and RIZZI, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE FREEMAN
Defendant/third-party plaintiff, Samartano & Company (Samartano), appeals from the trial court's granting of the motions to dismiss of third-party defendants Midwest Concrete Products Co. (Midwest), Capitol Companies, Inc. (Capitol), and Joseph J. Freed & Associates, Inc. (Freed), for Samartano's failure to file its third-party complaint within the time allowed for under the statute of limitations. On appeal Samartano asserts that the trial court erred in dismissing the third-party complaint by improperly relying on the limitations provision of section 13 -- 214(a) of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1983, ch. 110, par. 13 -- 214(a)) and improperly finding that the discovery period under section 13 -- 214 for the third-party action was triggered by the filing of the underlying complaint.
For the reasons stated below, we affirm the judgment of the circuit court.
The record indicates the following. Plaintiff in the underlying action, La Salle National Bank (La Salle), as trustee, filed its original complaint on January 17, 1983, naming Samartano and Edward M. Cohon & Associates (Cohon) as defendants. Samartano was served with summons on January 24, 1983. On February 23, 1983, Samartano filed its appearance. La Salle filed a third amended complaint on March 26, 1985. La Salle is the record title owner of the Norridge Commons Shopping Center. La Salle alleges that in September 1976, Cohon agreed to provide services to La Salle for the design and construction of an underground storm-water detention basin at the shopping center. Cohon, in turn, contracted with Samartano to provide structural engineering services for the design of the basin. La Salle contracted with Mayfair Construction Company (Mayfair), a general contractor, for the construction of the detention basin. Mayfair entered into several subcontracts for the performance of the work.
On October 23, 1986, Samartano filed its third-party complaint seeking contribution from third-party defendants. The third-party complaint alleges that third-party defendant Midwest entered into a subcontract with Mayfair under which Midwest agreed to manufacture, fabricate, and install precast concrete roof slabs. Third-party defendant Capitol allegedly was involved in the coordination of design and construction of the water basin, and negligently performed those services. Further, Capitol allegedly made "certain representations and recommendations" that Samartano relied upon. The third-party complaint also alleges that Capitol was negligent in the providing of engineering services and review of the plans and specifications of the water basin. Third-party defendant Freed also allegedly was involved in the direction and coordination of the design and construction of the water basin, and allegedly negligently provided those services. The third-party complaint also alleges that Freed was negligent in its review of the engineering plans and specifications for the water basin.
On June 30, 1987, third-party defendants Capitol and Freed filed a motion to dismiss the third-party complaint pursuant to section 2-619 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2-619) for third-party plaintiff's failure to file the action within the applicable statute of limitations period (Ill. Rev. Stat. 1983, ch. 110, par. 13-214(a)), and pursuant to the holding in Hartford Fire Insurance Co. v. Architectural Management, Inc. (1987), 158 Ill. App. 3d 515, 511 N.E.2d 706. Midwest filed a similar motion to dismiss on July 2, 1987. After a hearing, the trial court entered its order on August 14, 1987, dismissing with prejudice the third-party complaint against Capitol, Freed, and Midwest.
On appeal Samartano asserts that the trial court erred in applying the limitations provisions contained in section 13-214 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 13-214) rather than the limitations period set forth in section 13-204 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 13-204). Section 13-204 provides:
"Contribution among tortfeasors. No action for contribution among joint tortfeasors shall be commenced with respect to any payment made in excess of a party's pro rata share more than 2 years after the party seeking contribution has made such payment towards discharge of ...