(Download) "Chicago Transit Auth. v. Yellow Cab Co." by Illinois Appellate Court — First District (5Th Division) Order Affirmed " eBook PDF Kindle ePub Free
eBook details
- Title: Chicago Transit Auth. v. Yellow Cab Co.
- Author : Illinois Appellate Court — First District (5Th Division) Order Affirmed
- Release Date : January 05, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Plaintiff appeals from dismissal of its action to recover workers' compensation benefits paid to its employee for injuries allegedly caused by defendants' negligence. It contends that the trial court (1) improperly held that, as a matter of law, a general release barred a subrogation action brought by an employer under the Illinois Workers' Compensation Act; and (2) erred in ruling that the subrogation action was within the contemplation of the parties when they executed the settlement agreement. Plaintiff filed a complaint pursuant to section 5(b) of the Workers' Compensation Act (the Act) (Ill. Rev. Stat. 1979, ch. 48, par. 138.5(b)) seeking recovery of payments made under the Act to its employee who was injured during the course of his employment. It alleged that it had compensated its employee in the amount of $580.25, as required by the Act, and that the negligence of defendants was the proximate cause of his injuries. Defendants moved to dismiss, pursuant to section 48 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 48) on the ground that plaintiff had executed a full release of all its claims against defendants arising out of the occurrence described in the complaint. The release, a copy of which was attached, provided in pertinent part that in consideration of the sum of $159.22 paid by Yellow Cab Co., plaintiff did RELEASE and forever discharge YELLOW CAB COMPANY, its officers, agents, employees, successors and assigns from all claims and demands whatsoever in law or equity, I ever had, now have, or hereafter may have * * * by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the signing of this RELEASE. After a hearing, the motion to dismiss was granted on the basis that plaintiff released its claim, and this appeal followed.