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COSTILOE v. ALLIS-CHALMERS CORP.

No. 3-92-0497.

615 N.E.2d 798 (1993)

245 Ill. App.3d 896

185 Ill.Dec. 928

Joseph COSTILOE, Plaintiff, v. ALLIS-CHALMERS CORPORATION, a foreign corporation, Allis-Chalmers Leasing Services Corporation, a foreign corporation and Carpenter & Klein Equipment Company, Defendants, Third Party Plaintiffs/Appellees (Quantum Chemical Corporation, a foreign corporation, Third Party Defendants/Appellants, and Kelly Services, Inc., Third Party Defendants).

Appellate Court of Illinois, Third District.

June 14, 1993.

Attorney(s) appearing for the Case

John R. Brandenburg (argued), William E. Nelson, John R. Brandenburg & Associates, Ltd., Chicago, for Quantum Chemical Corp.

Robert Townsend (argued), Thomas H. Fegan, Johnson & Bell, Ltd., Chicago, for Allis-Chalmers Corp. and Allis-Chalmers Leasing.

Cory D. Lund, Hinshaw & Culbertson, Joliet, Bruce L. Carmen (argued), Hinshaw & Culbertson, Chicago, for Carpenter & Klein Equipment Co.

Francis J. Marasa, Sweeney & Riman, Chicago, for Kelly Services, Inc.

Robert N. Waddington, Cooney & Conway, Chicago, for Joseph Costiloe.

Paul A. McLennon, Jr., McLennon, Jackman & Crowe, Chicago.

Justice STOUDER delivered the opinion of the court:

This case comes before the court as a permissive interlocutory appeal pursuant to Supreme Court Rule 308 (134 Ill.2d R. 308), and concerns a borrowing employer's liability for contribution to a manufacturer who is sued by the employer's borrowed employee. The issue presented in this appeal is whether a borrowing employer is entitled to the limitation on the amount of its contribution liability which is given to employers...

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