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Williamson v. Asher

Court of Appeals of Illinois, First District, First Division

June 24, 2013

MARY CATHERINE WILLIAMSON, Individually, and as Special Administrator of the Estate of Michael Williamson, Deceased, Plaintiff-Appellee,
v.
CAROLYN ASHER, as Special Administrator of the Estate of Arthur Asher; HERB ELDRIDGE; d/b/a A&H Trucking, Inc.; and A&H TRUCKING, INC., an Indiana Corporation, Defendants KRX, INC., Intervenor-Appellant.

Held [*]

In an action arising from the death of plaintiff’s husband in a workrelated collision, the trial court properly ordered plaintiff to pay her husband’s employer the net amount of its workers’ compensation lien for the benefits it paid to the husband’s estate out of the judgment she obtained in her underlying personal injury action, but the court properly denied the employer’s request for a portion of the interest plaintiff received on the judgment, since the employer never obtained a judgment against the tortfeasors, its right to reimbursement arose only when the judgment was paid, and the Workers’ Compensation Act did not intend to give the employer a right to the interest that accrued from the date of plaintiff’s judgment to the date of payment.

Appeal from the Circuit Court of Cook County, Nos. 04-L-5666, 06-CH- 26687; Hon. Barbara McDonald, Judge, presiding.

Chuhak & Tecson, P.C., of Chicago (William F. Deyoung and Loretto M. Kennedy, of counsel), for appellant.

Law Office of Patrick E. Dwyer III, of Chicago (Patrick E. Dwyer III, of counsel), for appellee.

Panel JUSTICE CUNNINGHAM delivered the judgment of the court, with opinion. Presiding Justice Hoffman and Justice Delort concurred in the judgment and opinion.

OPINION

CUNNINGHAM, JUSTICE.

¶ 1 This appeal arises from the May 23, 2012 order of the circuit court of Cook County, which directed the plaintiff, Mary Catherine Williamson[1] (Mary Catherine) to pay $206, 914.29 to intervenor KRX, Inc. (KRX), in satisfaction of KRX's workers' compensation lien against damages recovered by Mary Catherine in an underlying tort action. The order denied KRX's request for a portion of the interest on the underlying judgment amount. On appeal, KRX argues that the trial court erred in denying KRX's request to recover a portion of the interest on the underlying judgment amount. For the following reasons, we affirm the judgment of the circuit court of Cook County.

¶ 2 BACKGROUND

¶ 3 This case has a complex procedural history and only the most pertinent facts are reproduced below. On April 23, 2003, a truck driven by Arthur Asher crossed the center line of a highway in McLean County, Illinois, and collided with a gasoline tanker truck owned by KRX and driven by Michael Williamson. Both Arthur Asher and Michael Williamson died in the accident.

¶ 4 Subsequently, KRX, as Michael Williamson's employer, paid $283, 549.80 in workers' compensation to his widow, Mary Catherine.

¶ 5 In May 2004, Mary Catherine, individually and as special administrator of Michael Williamson's estate, brought a lawsuit (case No. 04 L 5666) against several defendants, including Arthur Asher's widow, Carolyn Asher[2]; Herbert Eldridge[3] (Eldridge); A&H Trucking, Inc.[4] (A&H Trucking); and Harmon Designs, Inc.[5] (Harmon Designs). The complaint sought damages for wrongful death, survival, medical and funeral expenses, and loss of consortium.

¶ 6 On May 27, 2005, Great West Casualty Company (Great West), as insurer and subrogee of KRX, the owner of the truck driven by Michael Williamson at the time of the accident, brought a separate property damage action against the same defendants to recover for damages to KRX's truck (case No. 05 L 5859). As a result of the accident, Great West, under the terms of its insurance policy, indemnified KRX for the damaged truck and, thus, KRX was not a direct party in the property damage action. On October 4, 2005, the two causes of action (case Nos. 04 L 5666 and 05 L 5859) were consolidated (the underlying action).

ΒΆ 7 On May 19, 2006, the trial court entered a default order against all defendants on all counts in the consolidated underlying action. Following a "prove-up" hearing on August 3, 2006, the trial court entered default judgment in the amount of $6.5 million in ...


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