Settled Defendants Not Included on Illinois Jury Verdict Forms
Matthew A. Passen Discusses Illinois Supreme Court's Decision in Ready v. United/Goedecke Services, Inc., and its Impact on Illinois Personal Injury Lawyers
Until recently, Illinois courts were split over whether to include defendants who settle with the plaintiff prior to trial on the verdict forms when the jury apportions fault among the remaining parties. Compare Heupel v. Jenkins, 379 Ill. App. 3d 893 (1st Dist. 2008) with Yoder v. Ferguson, 381 Ill. App. 3d 353 (1st Dist. 2008).
In the April 2009 issue of the Chicago Bar Association's CBA Record publication, Mr. Passen discusses how the Illinois Supreme Court has resolved the issue, holding that settling defendants are excluded from apportionment of fault, and therefore should not be included on jury verdict forms.