Star Charters v. Figueroa
| Decision Date | 06 July 2000 |
| Docket Number | No. 88179.,88179. |
| Citation | 192 Ill.2d 47,733 N.E.2d 1282,248 Ill.Dec. 284 |
| Parties | STAR CHARTERS, Appellee, v. David J. FIGUEROA et al., Appellants. |
| Court | Illinois Supreme Court |
Michael S. Baird, of Stotis & Baird, Chrtd., of Chicago, for appellants.
Clausen Miller, of Chicago (James T. Ferrini and Edward M. Kay, of counsel) for appellee.
The question presented by this appeal is whether a defendant's post-trial request for a setoff based on amounts paid in settlement by other defendants must be filed within 30 days of the entry of judgment. The answer is no.
David J. Figueroa was injured when the bus in which he was riding collided with two trucks. Figueroa filed suit against the operators of each truck and against Star Charters, which operated the bus. Prior to trial, Figueroa reached court-approved settlements with the two truck operators for a total of $70,000. The case then proceeded to trial, resulting in a $200,000 judgment for Figueroa.
Two months after judgment was entered, Star Charters filed this suit seeking to set off the $200,000 judgment by the $70,000 already paid to Figueroa in settlement. The circuit court granted the requested setoff. The appellate court affirmed. No. 1-98-4262 (unpublished order under Supreme Court Rule 23). We allowed Figueroa's petition for leave to appeal. 177 Ill.2d R. 315(a).
Figueroa contends that the circuit court had no authority to award the setoff because Star Charters was required to file its request for setoff within 30 days of the entry of judgment. Figueroa notes that section 2-1202 of the Code of Civil Procedure requires that post-trial motions be filed within 30 days of the entry of judgment. 735 ILCS 5/2-1202 (West 1996). Figueroa argues that a request for setoff is a post-trial motion subject to this statutory time limit. Figueroa is incorrect.
As recognized by nearly all of the appellate decisions which have addressed this issue, a defendant's request for setoff to reflect amounts paid by settling defendants seeks not to modify, but rather to satisfy, the judgment entered by the trial court. See Couch v. State Farm Insurance Co., 279 Ill.App.3d 1050, 1055, 216 Ill.Dec. 856, 666 N.E.2d 24 (1996); Klier v. Siegel, 200 Ill.App.3d 121, 128, 146 Ill.Dec. 620, 558 N.E.2d 583 (1990); J.F. Equipment, Inc. v. Owatonna Manufacturing Co., 143 Ill.App.3d 208, 221, 98 Ill.Dec. 394, 494 N.E.2d 516 (1986); Weaver v. Bolton, 61 Ill.App.2d 98, 105, 209 N.E.2d 5 (1965)....
To continue reading
Request your trial
-
Adriana Brannen & Standard Bank & Trust v. Joerg Seifert, Individually, Joerg Seifert, Ltd.
...by a third party seeks not to modify, but rather to satisfy the judgment entered by the trial court. Star Charters v. Figueroa, 192 Ill.2d 47, 48, 248 Ill.Dec. 284, 733 N.E.2d 1282 (2000). Such a request does not arise as a result of trial, but is instead in the nature of a supplementary or......
-
Inman v. Howe Freightways, Inc.
..., 266 Ill. App. 3d 523, 525, 203 Ill.Dec. 444, 639 N.E.2d 1003 (1994), overruled on other grounds by Star Charters v. Figueroa , 192 Ill. 2d 47, 248 Ill.Dec. 284, 733 N.E.2d 1282 (2000). ¶ 78 Before trial, based on plaintiff and the Hiner entities’ high-low settlement, the motion judge foun......
-
Thornton v. As Special Adm'r Of The Estate Of Jason Anthony Ebner
...and a setoff that is not a counterclaim to be evaluated by the trier of fact may be brought at any time. See Star Charters v. Figueroa, 192 Ill.2d 47, 48-49, 248 Ill.Dec. 284, 733 N.E.2d 1282 (2000). In Star Charters, this court held that a motion for setoff may be brought after trial, as i......
- Voykin v. Estate of DeBoer
-
Procedures for Objections & Motions
...damage. Decker v. St. Mary’s Hospital , 249 Ill App 3d 802, 619 NE2d 537 (1993), overruled on other grounds, Star Charters v. Figueroa , 192 Ill 2d 47, 733 NE2d 1282 (2000). CAUTION Failure to timely object may result in waiver. An objection to evidence is untimely if not asserted as soon a......
-
Table of Cases
...6:150 Stapleton ex rel. Clark v. Moore , 403 Ill App 3d 147, 932 NE2d 487, 2010 WL 2465419 (2010), §11:80 Star Charters v. Figueroa, 192 Ill 2d 47, 733 NE2d 1282 (2000), §1:140 Starkey v. People , 17 Ill 17 (1855), §6:110 State Farm Fire & Cas. Co. v. John J. Rickhoff Sheet Metal Co. , 394 ......