Verson Allsteel Press Co. v. Major Spring & Manufacturing Co.

434 N.E.2d 456, 105 Ill. App. 3d 419, 61 Ill. Dec. 303, 1982 Ill. App. LEXIS 1677
CourtAppellate Court of Illinois
DecidedMarch 30, 1982
Docket81-780
StatusPublished
Cited by17 cases

This text of 434 N.E.2d 456 (Verson Allsteel Press Co. v. Major Spring & Manufacturing Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Verson Allsteel Press Co. v. Major Spring & Manufacturing Co., 434 N.E.2d 456, 105 Ill. App. 3d 419, 61 Ill. Dec. 303, 1982 Ill. App. LEXIS 1677 (Ill. Ct. App. 1982).

Opinion

PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

Plaintiff Verson Allsteel Press Company (Verson) sued Major Spring & Manufacturing Company (Major) and Grand Sheet Metal Products (GSM) to recover the loss Verson incurred in paying a tort judgment. The trial court dismissed the count against GSM. Verson has filed this interlocutory appeal pursuant to Supreme Court Rule 304(a).

This action arises out of an injury that occurred on October 12, 1972. John Smith, an employee of GSM, was injured when his hands were caught in a press brake (a sheet metal stamping machine). The accident occurred when a brake spring broke and the machine began stamping while Smith’s hands were still between the dies. Verson manufactured the press brake; Major had supplied Verson with the spring that broke. Smith successfully sued Verson and Major. The jury awarded Smith $800,000. This court affirmed the judgment in Smith v. Verson Allsteel Press Co. (1979), 74 Ill. App. 3d 818, 393 N.E.2d 598.

Subsequent to the judgment in Smith’s lawsuit, Major and Smith executed a loan agreement and Major paid Smith $250,000. On appeal, this court found that the loan agreement was void and held that the $250,000 would be considered a partial satisfaction of the judgment against Verson and Major. On January 14,1980, Verson paid Smith $550,000 plus interest (a total of $642,125) in full satisfaction of the judgment. In the case at bar, Verson has named Major in two counts of its complaint. The first count seeks common law indemnity from Major and the second count claims contribution pursuant to “An Act in relation to contribution among joint tortfeasors” (Ill. Rev. Stat. 1979, ch. 70, par. 301 etseq.). In count III of the complaint, Verson has named GSM in a claim for contribution under the same statute. In the trial court, GSM moved to dismiss count III, arguing that the cited statute does not apply because the underlying tort occurred in 1972. The trial court agreed and dismissed count III. Verson appeals. Counts I and II against Major remain pending in the trial court.

The trial court relied on section 1 of “An Act in relation to contribution among joint tortfeasors,” which states, “This Act applies to causes of action arising on or after March 1, 1978.” (Ill. Rev. Stat. 1979, ch. 70, par. 301.) Verson argues that a cause of action for contribution arises when the judgment is paid and that the instant action comes within the statute because Verson paid the judgment in 1980. GSM contends that “causes of action arising on or after March 1,1978,” refers to occurrences giving rise to claims for contribution. GSM also argues that the statute must be read with reference to our supreme court’s opinion in Skinner v. Reed-Prentice Division Package Machinery Co. (1977), 70 Ill. 2d 1, 374 N.E.2d 437, and the related cases announced the same day. (Stevens v. Silver Manufacturing Co. (1977), 70 Ill. 2d 41, 374 N.E.2d 455; Robinson v. International Harvester Co. (1977), 70 Ill. 2d 47, 374 N.E.2d 458.) In Skinner, our supreme court announced that contribution among joint tortfeasors, based on comparative fault, is now allowable in this State. In a supplemental opinion on denial of rehearing, the court considered the question of retroactivity of the newly announced rule. The court said:

“We have considered the arguments and have unanimously concluded that * * * this decision * * * should be prospective in operation. We hold, therefore, that the decisions in this cause, Stevens v. Silver Manufacturing Co. [citation], and Robinson v. International Harvester Co. [citation], will apply prqgpectively to causes of action arising out of occurrences on and after March 1, 1978.” (70 Ill. 2d 1, 16-17.)

The Skinner opinion, as modified, was delivered on March 1, 1978. The statute in question was introduced in the Illinois Legislature as Senate Bill 308 on March 20,1979. The measure passed and became law on September 14,1979.

It is apparent that the wording of the statute (“causes of action arising on or after March 1,1978”) parallels the language of Skinner except for the omission of three words — “causes of action arising out of occurrences on and after March 1, 1978.” (Emphasis added.) GSM maintains that the difference is inconsequential. Verson argues that the discrepancy shows a conscious effort on the part of the legislature to expand the applicability of the rule announced in Skinner. We note that several courts have observed the similarity of dates and, without analysis, have concluded that the applicability of the statute is co-extensive with that of Skinner. (See Harris Trust & Savings Bank v. Ali (1981), 100 Ill. App. 3d 1, 13, 425 N.E.2d 1359; Mazanek v. Rockford Drop Forge Co. (1981), 98 Ill. App. 3d 956, 960 n.l, 424 N.E.2d 1271; Jackson v. Burlington Northern, Inc. (1980), 84 Ill. App. 3d 967, 970, 405 N.E.2d 805 (Barry, J., dissenting); Erickson v. Gilden (1979), 76 Ill. App. 3d 218, 220 n.1, 394 N.E.2d 1076.) Our analysis leads us to the same conclusion.

Verson argues that the plain language of the statute must be given effect. Verson cites cases that, in its opinion, stand for the proposition that a cause of action for contribution “arises” when a judgment or settlement is paid. Reviewing these cases, we do not believe that the law on this point is so clear and settled that the wording of the statute is unambiguous and its meaning plain. Initially, we note that no case cited by Verson uses the word “arise” in connection with “cause of action.” The three cases relied on by Verson refer to a cause of action “accruing” or “occurring” when a judgment or settlement is paid. (See Gibbons v. Nalco Chemical Co. (1980) , 91 Ill. App. 3d 917, 920, 415 N.E.2d 477; Ozark Airlines, Inc. v. Fairchild-Hiller Corp. (1979), 71 Ill. App. 3d 637, 638-39, 390 N.E.2d 444; Chicago, Rock Island & Pacific Ry. Co. v. United States (7th Cir. 1955), 220 F.2d 939, 942.) It would be overly facile to perfunctorily conclude that there is a clear distinction between when a cause of action “arises” and when it “accrues” and in this way dismiss Verson’s contention. Some courts have used “arise” synonymously with “accrue” in this connection. (See Mack Trucks, Inc. v. Bendix-Westinghouse Automotive Air Brake Co. (3d Cir. 1966), 372 F.2d 18, 20, cert. denied (1967), 387 U.S. 930, 18 L. Ed. 2d 992, 87 S. Ct.

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Bluebook (online)
434 N.E.2d 456, 105 Ill. App. 3d 419, 61 Ill. Dec. 303, 1982 Ill. App. LEXIS 1677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/verson-allsteel-press-co-v-major-spring-manufacturing-co-illappct-1982.