Roberts v. Alexandria Transportation, Inc.

Summary

The Illinois Supreme Court answered a certified question from the Seventh Circuit concerning whether a settling tortfeasor's obligation is “uncollectable” under section 3 of the Illinois Joint Tortfeasor Contribution Act. The court held that a tortfeasor who settles in good faith with the plaintiff is not thereby uncollectable, so the settling tortfeasor's share of liability is not reallocated among the remaining tortfeasors. The court affirmed the statutory distinction between a settling party being discharged from contribution liability and an obligation being uncollectable due to circumstances such as insolvency or immunity.

Holdings

1. The obligation of a tortfeasor who settles with the plaintiff is not “uncollectable” within the meaning of section 3 of the Illinois Joint Tortfeasor Contribution Act.
2. When statutory language is unambiguous, courts must apply the statute as written and should not resort to legislative history or related statutory provisions to create ambiguity.

Questions Presented

1. Whether the obligation of a tortfeasor who settles with the plaintiff in good faith is “uncollectable” under section 3 of the Illinois Joint Tortfeasor Contribution Act, thereby requiring the settling tortfeasor's unpaid share to be reallocated among the remaining tortfeasors.
2. Whether a settling tortfeasor's discharge from contribution liability under section 2(d) makes its obligation uncollectable for purposes of section 3.

Disposition

other