X hits on this document





15 / 23


be in good-faith if it is shown that the settling parties engaged in wrongful conduct, collusion, or

fraud,” or “if it conflicts with the terms of the Act or is inconsistent with the policies underlying the

Act.” Johnson, 203 Ill. 2d at 134, 784 N.E.2d at 821. The two public policies underlying the Act

include “the encouragement of settlements and the equitable apportionment of damages among

tortfeasors.” Johnson, 203 Ill. 2d at 133, 784 N.E.2d at 821.

Here, the U-Haul entities do not argue that any wrongful conduct, collusion, or fraud

occurred to undermine the circuit court’s finding of good faith. Nor do they argue that the public

policy of the Act to encourage settlement was violated. Instead, the U-Haul entities argue that the

settlement agreement entered into between Buffalo Grove and Cellini was inconsistent with the Act’s

second public policy of promoting the equitable apportionment of damages among tortfeasors

because Buffalo Grove was a primary and direct cause of Cellini’s injuries and its $1 million

settlement with Cellini would shift a disproportionate percentage of the liability onto the U-Haul

entities at trial.

In order to prove whether a settlement was negotiated in good faith within the meaning of

the Act, the settling parties “carrythe initial burden of making a preliminaryshowing of good faith.”

Johnson, 203 Ill. 2d at 132, 784 N.E.2d at 820. Once a preliminary showing of good faith is made

by the settling parties, the burden of proof shifts to the nonsettling party, who challenges the good

faith of the settlement, by proving “the absence of good faith by a preponderance of the evidence.”

Johnson, 203 Ill. 2d at 132, 784 N.E.2d at 820. “Ultimately, however, whether a settlement satisfies

the good faith requirements as contemplated by the [Act] is a matter left to the discretion of the trial

court based upon the court’s consideration of the totality of the circumstances.” Johnson, 203 Ill.


Document info
Document views59
Page views62
Page last viewedMon Oct 24 13:11:47 UTC 2016