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1-09-2163

(2008).

The U-Haul entities argue that the settlement agreement entered into between Buffalo Grove

and Cellini was not made in good-faith and violated public policy as established by the Joint

Tortfeasor Contribution Act by shifting an inequitable portion of damages onto the U-Haul entities,

as nonsettling defendants. Specifically, they contend that Buffalo Grove’s degree of liability far

exceeded any of the U-Haul entities’ alleged fault, and thus, allowing Buffalo Grove, as a “primary

wrongdoer,” to settle with Cellini for $1 million “when it was a primary and direct cause of Cellini’s

injuries would shift a disproportionate percentage of the liability onto the U-Haul [entities]” at trial.

Further, the U-Haul entities argue that the dismissal of their counterclaim for contribution against

Buffalo Grove deprived them of “the ability to recover from Buffalo Grove in an amount

commensurate with Buffalo Grove’s fault.” Thus, the U-Haul entities argue that a “heightened level

of scrutiny” should be used to scrutinize the reasonableness of the settlement agreement, and an

evidentiary hearing should have been held “to evaluate the potential damages and the relative fault

of all parties.” Therefore, they request this court to reverse the circuit court’s July 23, 2009 order

granting Buffalo Grove’s motion for a good-faith finding.

Buffalo Grove argues to the contrary that its settlement agreement with Cellini was made in

good-faith and that it did not violate the public policy of the Joint Tortfeasor Contribution Act,

which ensures an equitable apportionment of damages among tortfeasors. Buffalo Grove contends

that it paid $1 million “in the settlement of a doubtful and disputed claim for which [it] had

numerous defenses,” and that the U-Haul entities “[have] a right to a set-off of *** the amount of

the settlement.” Buffalo Grove asserts that to adopt the U-Haul entities’ “suggestion that the court

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