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must make a determination [of who is responsible and the total amount of damages], in a case in

which there is a jury demand filed, *** is in essence indicating that there can never be a settlement

made in good-faith until that determination is made by a judge on what would amount to a bench

trial on liability and damages.” Thus, Buffalo Grove argues, the circuit court did not abuse its

discretion in making a good-faith finding without an evidentiary hearing.

The Joint Tortfeasor Contribution Act (the Act) “creates a statutory right of contribution in

actions ‘where 2 or more persons are subject to liability in tort arising out of the same injury to

person or property, or the same wrongful death’ (740 ILCS 100/1, 2(a) (West 1996)), to the extent

that a tortfeasor pays more than his pro rata share of the common liability.” Johnson, 203 Ill. 2d at

128, 784 N.E.2d at 817; 740 ILCS 100/2(a), (b) (West 2006). The Act states, in relevant parts, as


“When a release or covenant not to sue or not to enforce

judgment is given in good[-]faith to one or more persons liablein tort

arising out of the same injury or the same wrongful death, it does not

discharge any of the other tortfeasors from liability for the injury or

wrongful death unless its terms so provide but it reduces the recovery

on any claim against the others to the extent of any amount stated in

the release or the covenant, or in the amount of the consideration

actually paid for it, whichever is greater.” (Emphasis added.) 740

ILCS 100/2(c) (West 2006).

Although the term “good-faith” is not defined by the Act, a settlement “will not be found to


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