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06/08/89 Kenneth L. Camp, v. Star Erection Service

June 8, 1989

KENNETH L. CAMP, PLAINTIFF-APPELLANT

v.

STAR ERECTION SERVICE, INC., ET AL., DEFENDANTS (MIDDLETON ASSOCIATES, INC., THIRD-PARTY PLAINTIFF AND COUNTERPLAINTIFF; HCI HEINZ CONSTRUCTION, INC., THIRD-PARTY PLAINTIFF AND COUNTERDEFENDANT; STAR ERECTION



APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

Service, Inc.,

Counterdefendant and

Counterplaintiff;

Transamerica Insurance Company,

Intervenor-Appellee)

No. 3-88-0523

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.

APPELLATE Judges:

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 ...


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