APPELLATE COURT OF ILLINOIS, THIRD DISTRICT
Transamerica Insurance Company,
542 N.E.2d 1139, 186 Ill. App. 3d 481, 134 Ill. Dec. 632 1989.IL.858
Appeal from the Circuit Court of Peoria County; the Hon. Richard E. Eagleton, Judge, presiding.
PRESIDING JUSTICE WOMBACHER delivered the opinion of the court. HEIPLE and STOUDER, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOMBACHER
The plaintiff, Kenneth L. Camp, appeals the trial court's order finding the existence of a workers' compensation lien in favor of the intervenor-appellee, Transamerica Insurance Company (hereinafter Transamerica). Transamerica provided workers' compensation and general liability coverage to plaintiff's employer, HCI Heinz Construction Company (hereinafter Heinz).
The plaintiff was injured on August 25, 1981, when he fell off a ladder owned by Star Erection Service, Inc. (hereinafter Star), and was injured while employed by Heinz. Transamerica paid plaintiff workers' compensation benefits totaling $162,809.69.
The plaintiff filed suit against Star, which counterclaimed against Heinz for contribution which eventually resulted in a verdict of $456,000, plus $118.20 in costs. The jury determined that Star was 30% at fault and Heinz was 70%. Judgment was entered against Heinz for $319,200 plus $82.74 in costs and against Star for the remainder. The plaintiff received the balance from Star, which was then completely ...