McKinney v. Franklin County Illinois et al

Filing 241

ORDER GRANTING Joint Motion for Settlement and to Dismiss Defendants CHC Companies, Inc. and Correct Care Solutions, LLC (Doc. 231 ). Plaintiff's claims against Defendants CHC Companies, Inc. and Correct Care Solutions, LLC are DISMISSED with prejudice and the Clerk of Court is DIRECTED to enter judgment accordingly at the close of this case. Signed by Judge Staci M. Yandle on 2/4/2019. (mah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

MARY MCKINNEY, AS
ADMINISTRATOR FOR THE ESTATE
OF R.E., DECEASED,
Plaintiff,
vs.
FRANKLIN COUNTY, ILLINOIS, et al.,
Defendants.

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Case No. 15-CV-1044-SMY-RJD

MEMORANDUM AND ORDER
YANDLE, District Judge:
Plaintiff Mary McKinney, Administrator for the Estate of R.E., Deceased, filed this
action against CHC Companies, Inc., Correct Care Solutions, LLC, Franklin County, Illinois,
and various individuals, asserting violations of 42 U.S.C § 1983 and state law claims for
wrongful death, respondeat superior, and indemnification. This matter is now before the Court
for consideration of the Joint Motion for Settlement and to Dismiss CHC Companies, Inc. and
Correct Care Solutions, LLC (the "Medical Defendants") (Doc. 231).
Plaintiff and the Medical Defendants move for a good faith finding regarding their
agreement to settle, pursuant to the Illinois Joint Tortfeasor Contribution Act (“Contribution
Act”), 740 ILCS 100/0.01 et seq., and for dismissal of Plaintiff's claims against the Medical
Defendants with prejudice. No other defendant has responded to the Motion. For the following
reasons, the Motion is GRANTED.
Under the Contribution Act, a tortfeasor who settles in good faith with the injured party is
discharged from contribution liability. See 740 ILCS 100/2(c) and 2(d); Wreglesworth ex rel.
Wreglesworth v. Arctco, Inc., 740 N.E.2d 444, 448 (Ill. 2000). The term "good faith" is not
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defined in the Contribution Act, but a settlement is considered prima facie in good faith if the
settling tortfeasor establishes that it is supported by consideration. Solimini v. Thomas, 688
N.E.2d 356, 361 (Ill. 1997). The settling parties bear the initial burden of making a preliminary
showing of good faith. Johnson, 784 N.E.2d at 818.
"A settlement will not be found to 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, 784 N.E.2d at 821. It is

unnecessary for the trial court to conduct separate evidentiary hearings, decide the merits of the
tort case, or rule on the relative liabilities of the parties before making a good faith
determination. See Johnson, 784 N.E.2d at 818; Smith v. Texaco, 597 N.E.2d 750, 755 (Ill. App.
1992).
Here, Plaintiff and the Medical Defendants have agreed to a confidential settlement
wherein in exchange for consideration to be paid by the Medical Defendants, Plaintiff signed a
full and unconditional release. Both parties assert that the settlement is reasonable. The Court
has reviewed the material in the record and finds that settlement was made in good faith within
the meaning of the Contribution Act: it was the result of an arm’s length negotiation following
mediation; it appears to be legally valid and supported by consideration; and the settlement
amount bears a reasonable relationship to the harm suffered by the plaintiff and the potential
responsible parties' relative culpability based on the facts alleged in the Amended Complaint.
Further, there is no indication of wrongful conduct, collusion or fraud or that the settlement
conflicts with the Contribution Act or its purposes. Finally, the non-settling parties are aware of
the terms of the settlement and have not challenged or objected to the presumption of good faith.

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Accordingly, the Motion is GRANTED.

Pursuant to the Settlement Agreement,

Plaintiff’s claims against Defendants CHC Companies, Inc. and Correct Care Solutions, LLC are
DISMISSED with prejudice.
IT IS SO ORDERED.
DATED: February 4, 2019
s/ Staci M. Yandle
STACI M. YANDLE
United States District Judge

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