In Whetstone v. Sooter, 757 N.E.2d 965 (Ill. App. 2nd Dist. 2001), the plaintiff almost "shot himself in the foot" in settling his lawsuit for injuries resulting from an auto accident. In exchange for a general release of all claims against all defendants and dismissal of his complaint, the plaintiff accepted the sum of $30,000 paid by three defendants. The settlement also included the assignment to plaintiff of the counterclaim for contribution filed by the settling defendants against the fourth defendant, Sooter. Sooter filed a motion to dismiss the counterclaim based on the general release. Although the Appellate Court acknowledged that the general release was broad enough to encompass all claims against all defendants, the Court held that the counterclaim for contribution against Sooter was not released because the plaintiff did not have the claim to release prior to the settlement agreement.
