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Kotecki v. Cyclops Welding Corp.

585 N.E.2d 1023 (1991)

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Kotecki v. Cyclops Welding Corp.

Illinois Supreme Court
585 N.E.2d 1023 (1991)

MH

Facts

Mark A. Kotecki (plaintiff) alleged that he sustained personal injuries when his hand was caught in an agitator motor while he was acting within the scope of his employment with Carus Chemical Company (Carus) (defendant). Kotecki brought an action against Cyclops Welding Corporation (Cyclops) (defendant), claiming that it negligently designed, constructed, and installed the agitator on Carus property without sufficient guarding devices for the motor and drive system. Cyclops filed a third-party complaint against Carus for contribution under the Contribution Act in an amount proportionate to the degree of fault attributable to Carus’s culpability if Carus was found liable to Kotecki at trial. Carus moved to strike the ad damnum clause of the third-party-contribution claim. The trial court denied the motion, and Carus brought an interlocutory appeal. Carus argued that it was unclear whether the employer’s liability was limited to the employer’s workers’-compensation liability. Cyclops claimed that the employer’s contribution was limited only by the extent of damages attributable to the employer’s negligence.

Rule of Law

Issue

Holding and Reasoning (Moran, J.)

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