![]() ♤ On appeal, Lyons argues that the trial court abused its discretion in finding the dismissal of the contribution claim final and appealable under Rule 304(a). Lyons appealed to preserve the contribution claim. On USIC s motion and over Lyons s objection, the court entered a written finding that the dismissal of count I was final and appealable under Illinois Supreme Court Rule 304(a) (eff. The trial court dismissed count I but not count II. ♣ USIC moved to dismiss the third-party complaint under section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2012)). In count II, Lyons sought damages for its own losses, including for downtime, resulting from USIC s alleged negligence. In count I of the amended third-party complaint, Lyons sought contribution from USIC for the damages claimed by AT&T. Lyons alleged that USIC was negligent in performing its locating services for AT&T and that USIC proximately caused AT&T s property damage. 2014 IL App (2d) 130577 ♢ Lyons filed an amended third-party complaint against third-party defendant, USIC Locating Services, Inc., which AT&T had hired to locate and mark the underground facilities before the excavation work began. AT&T filed a second amended complaint, which now consists of a single pending claim, that Lyons was negligent in performing its work. (collectively, Lyons), were performing excavation work when they struck and damaged underground telephone utility facilities owned and operated by plaintiff, AT&T. OPINION ♡ Defendants and third-party plaintiffs, Lyons Electric Company, Inc., and Pinner Electric Inc. Justices Schostok and Spence concurred in the judgment and opinion. _ PRESIDING JUSTICE BURKE delivered the judgment of the court, with opinion. 11-L-526 ) LYONS AND PINNER ELECTRIC ) COMPANY, INC., ) ) Defendant ) ) (Lyons Electric Company, Inc., and Pinner ) Electric Inc., Defendants and ) Third-Party Plaintiffs-Appellants USIC ) Honorable Locating Services, Inc., Third-Party ) Patrick J. 2-13-0577 Opinion filed Ma_ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT _ AT&T, ) Appeal from the Circuit Court ) of Du Page County. ![]()
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