## Facts

- Rita Rae Skinner, a minor, was injured while working for Hinckley Plastic, Inc. in an incident involving an injection-molding machine.
- The machine was manufactured by Reed-Prentice Division, Package Machinery Company and owned/used by Hinckley.
- Skinner sued the manufacturer in Illinois circuit court, alleging strict products liability based on an asserted malfunction.
- The manufacturer filed a third-party complaint against the employer seeking contribution, alleging the employer’s negligence contributed to the injury and requesting apportionment commensurate with the employer’s degree of misconduct.
- The trial court dismissed the third-party contribution claim, and the appellate court affirmed.

## Issues

1. Whether Illinois law permits a manufacturer held strictly liable to seek contribution from a concurrently negligent employer, even though the employer is immune from direct tort suit by the employee under workers’ compensation exclusivity.
2. If contribution is available, whether allocation should be based on relative fault rather than equal pro rata shares.

## Decision

- The Illinois Supreme Court reversed the dismissal and remanded.
- The court held that contribution among joint tortfeasors is available on equitable principles.
- Contribution should be apportioned according to the parties’ relative degree of fault/misconduct.
- A strictly liable manufacturer may pursue contribution from a negligent employer notwithstanding the employer’s workers’ compensation immunity from the employee’s direct tort action.

## Legal Principles

- Illinois recognizes equitable contribution among joint tortfeasors, replacing the traditional no-contribution rule.
- Contribution is measured by comparative responsibility—each party bears a share commensurate with its degree of fault/misconduct causing the injury.
- Strict products liability does not bar contribution; comparative allocation may be made between strict-liability responsibility and negligence-based fault.
- Workers’ compensation exclusivity bars the employee’s direct tort claim against the employer but does not preclude a third party’s contribution claim seeking equitable loss allocation.

## Conclusion

The court authorized comparative-fault contribution in Illinois and permitted a strictly liable manufacturer to seek contribution from an employer whose negligence contributed to an employee’s injury, despite the employer’s workers’ compensation immunity from direct suit.


Skinner v. Reed-Prentice Div., Package Mach. Co., 374 N.E.2d 437 (Ill. 1978)