Sakellariadis v. Campbell

State: Illinois

Court: 1st District Appellate

Docket No: 1-07-2845 NRel

Case Date: 05/29/2009

Preview:SIXTH DIVISION May 29, 2009

No. 1-07-2845 GLORIA SAKELLARIADIS, Plaintiff-Appellant, v. STEVEN W. CAMPBELL and BRUCE E. WALTERS, Defendants-Appellees. ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County No. 03 l 2859 Honorable Henry R. Simmons, Jr., Judge Presiding.

JUSTICE CAHILL delivered the opinion of the court: Plaintiff Gloria Sakellariadis appeals the amount of a money judgment awarded in her action against two defendants. Plaintiff's complaint alleged she was injured in two separate car accidents that occurred three months apart. The jury found both defendants responsible for an amount totalling approximately $518,000 in damages. Before the jury returned the verdict, one of the defendants settled for $150,000. Later, the trial court entered a judgment of one half the total verdict against the remaining defendant. Plaintiff argues on appeal that the trial court erred in awarding plaintiff only 50% of the $518,000 verdict from the nonsettling defendant. Rather, the nonsettling defendant--based on a theory of joint and several liability--should have been responsible for the entire verdict, less only the $150,000 received from the settling defendant. For the reasons that follow, based primarily on the reasoning in Burke v. 12 Rothschild's Liquor Mart, Inc., 148 Ill. 2d 429, 593 N.E.2d 522 (1992); Yanan v. Ewing, 205 Ill. App. 3d 96, 562 N.E.2d 1243 (1990); and section 433A of the

1-07-2845 Restatement (Second) of Torts (Restatement) (Restatement (Second) of Torts

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