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10/27/89 Jacqueline Mcshane, v. Chicago Investment

October 27, 1989

MCSHANE, DECEASED, PLAINTIFF

v.

CHICAGO INVESTMENT CORPORATION, DEFENDANT AND THIRD-PARTY, PLAINTIFF-APPELLANT (THE CITY OF CHICAGO, THIRD-PARTY, DEFENDANT-APPELLEE)



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

JACQUELINE McSHANE, Special Adm'r of the Estate of Craig

546 N.E.2d 660, 190 Ill. App. 3d 357, 137 Ill. Dec. 715 1989.IL.1706

Appeal from the Circuit Court of Cook County; the Hon. Willard J. Lassers, Judge, presiding.

APPELLATE Judges:

JUSTICE LORENZ delivered the opinion of the court. MURRAY, P.J., and PINCHAM, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LORENZ

This appeal follows dismissal of Chicago Investment Corporation's third-party complaint for contribution against the City of Chicago arising out of consolidated negligence actions brought by or on the behalf of four City of Chicago firemen.

We affirm.

On September 22, 1981, City of Chicago firemen responded to a fire at Willoughby Towers located at 8 South Michigan Avenue in Chicago. In the course of fighting the fire, two firemen, Louis Outlaw and Gerald Cathcart, were injured, and two others, Joseph Hitz and Craig McShane, died.

On September 1, 1983, Outlaw and Cathcart filed a complaint against Chicago Investment Corporation , owner of Willoughby Towers. As is relevant here, the complaint alleged CIC failed to properly maintain Willoughby Towers and that that negligence proximately caused injuries sustained by Outlaw and Cathcart. Concetta Hitz and Jacqueline McShane filed separate similar complaints against CIC as administrators of the estates of Joseph Hitz and Craig McShane, respectively. All three cases were consolidated in the circuit court.

In turn, CIC filed a third-party complaint for contribution against the City of Chicago (City) pursuant to sections 2 and 3 of the Contribution Among Joint Tortfeasors Act (Contribution Act) (Ill. Rev. Stat. 1985, ch. 70, pars. 302, 303). Generally, CIC alleged the City was negligent in training and/or directing its firemen.

The City moved to dismiss the third-party complaint pursuant to section 2-619 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-619), arguing it was immune from liability under operation of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. Stat. 1985, ch. 85, pars. 1-101 through 10-101). The circuit court granted the City's motion and determined no just reason existed to delay appeal from the order of dismissal. This appeal followed.

Opinion

The issue presented is whether a contribution action, arising out of actions for negligence brought by firemen employed by the City, may be maintained against the City notwithstanding that a direct action against the City might be barred by the Tort Immunity Act. That identical issue was addressed by the third division of ...


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