Forsythe v. Clark USA Inc.

State: Illinois

Docket No: 101570 Rel

Case Date: 02/16/2007

Preview:Docket No. 101570.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

MARGUERITE FORSYTHE et al., Appellees, v. CLARK USA, INC., Appellant. Opinion filed February 16, 2007.

JUSTICE GARMAN delivered the judgment of the court, with opinion. Justices Fitzgerald and Karmeier concurred in the judgment and opinion. Justice Freeman specially concurred, with opinion, joined by Justice Burke. Chief Justice Thomas and Justice Kilbride took no part in the decision.

OPINION On March 13, 1995, Michael F. Forsythe and Gary Szabla, mechanics at a refinery owned and operated by Clark Refining and Marketing (Clark Refining), were killed. The estate of each decedent received payment from Clark Refining pursuant to the Workers' Compensation Act (820 ILCS 305/1 et seq. (West 2002)). In 1996 and 1997, plaintiffs Marguerite Forsythe and Elizabeth Szabla, as special administrators of the estates of their late husbands, filed suits against Clark Refining and other defendants. Subsequently, plaintiffs

added Clark Refining's parent company, Clark USA, as a defendant. Clark USA is the only defendant involved in this appeal. At the close of discovery, the trial court granted Clark USA's motion for summary judgment pursuant to section 2

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