Schrock v. Shoemaker, et al.

246 Ill.App.3d 372, S.Ct. No. 75877 (1993)

Scope of Kotecki v. Cyclops Welding

Widow brought suit for loss of consortium damages under Structural Work Act against owners of construction site where her husband had been killed. Site owners filed thirdparty claim for contribution against employer, which moved to establish workers’ compensation lien and/or for summary judgment. The Circuit Court, Champaign County, George S. Miller, J., denied employee’s motions but granted leave for interlocutory appeal. The Appellate Court affirmed, 246 Ill.App.3d 372, 186 Ill.Dec. 241, 615 N.E.2d 1298. Petition for leave to appeal was allowed, 152 Ill.2d 580, 190 Ill.Dec. 910, 622 N.E.2d 1227. The Supreme Court, Bilandic, C.J., held that: (1) employer was not entitled to lien on any judgment for or settlement by widow of her Structural Work Act suit for loss of consortium damages; (2) employer who pays benefits under Workers’ Compensation Act may be subjected to third-party claim for contribution in death action brought under Structural Work Act; and (3) widow had to join consortium claim with claim under Wrongful Death Act for husband’s injuries, where otherwise widow would obtain double recovery for his lost wages  Read More

"The law is not an inflexible structure whose walls restrain progress. Rather, it needs to be nudged molded and shaped. An able advocate best represents his client by convincing the Courts of that fact."

John E. Cassidy. Sr. (1896-1984)
Firm Founder Illinois Attorney General (1938-1940)