Voluntary Payment Does Not Preclude Recovery from Third Party

In a case of first impression in Illinois, the Illinois Appellate Court holds that a voluntary payment from a bailee to a bailor does not preclude the bailee's recovery from third-party tortfeasors. The Court distinguished authority cited by the third party tortfeasors, which had held that a bailor was precluded from bringing an action against a negligent third party for loss of property where the third party had already settled with the bailee. The Appellate Court reasoned that the rationale behind such cases was only to prevent a double recovery, a concern not present in the instant case. Beehn v. Eppard, 321 Ill.App.3d 677, 747 N.E.2d 1010, 254 Ill.Dec. 598 (1st Dist. 2001).