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Podraza v. H.h. Hall Construction Co.

OPINION FILED JUNE 28, 1977.

STANLEY PODRAZA, PLAINTIFF-APPELLEE,

v.

H.H. HALL CONSTRUCTION COMPANY, INC., ET AL., DEFENDANTS. — (GLOBE ENGINEERING COMPANY, DEFENDANT-APPELLANT.)



APPEAL from the Circuit Court of Madison County; the Hon. MOSES W. HARRISON, II, Judge, presiding.

MR. PRESIDING JUSTICE CARTER DELIVERED THE OPINION OF THE COURT:

Defendant-appellant, Globe Engineering Company, appeals from a judgment of the Circuit Court of Madison County entered upon a jury verdict in favor of plaintiff-appellee Stanley Podraza. The verdict was in the amount of $250,000.

Plaintiff sued defendant Globe Engineering Company and others to recover damages for injuries which he claimed resulted from an incident on October 14, 1970, at the Swift and Company plant located at the National Stockyards in East St. Louis. Plaintiff, an electrician employed by Swift, was pulling an electrical line from the ground in an effort to locate a break in the line and fell backwards onto a piece of conduit when the line came loose from the ground as he tugged on it.

Plaintiff alleged that Globe, the architect on a construction project at Swift & Co., was in control of the line because it was within the construction area, and charged that the defendant negligently failed to supervise the installation and maintenance of the line and negligently allowed it to be present in an unsafe condition within a construction area.

The suit was tried on the issues made by plaintiff's amended complaint and defendant's answers thereto. At the conclusion of plaintiff's evidence at trial, verdicts were directed in favor of all defendants other than Globe. The jury found in favor of the plaintiff against Globe in the amount of $250,000; the court entered judgment on the verdict.

The following issues were presented by the defendant-appellant for review:

(1) Whether plaintiff was contributorily negligent as a matter of law;

(2) Whether a duty was owed to the plaintiff by the defendant-appellant, the Globe Engineering Co.;

(3) Whether there was any evidence at the trial that defendant's conduct was the proximate cause of plaintiff's injury;

(4) Whether plaintiff violated the protective order entered pursuant to plaintiff's motion;

(5) Whether plaintiff's conduct while testifying entitles the defendant to a new trial;

(6) Whether the trial court erred in permitting plaintiff's expert to interpret the contracts between the parties;

(7) Whether the trial court erred in permitting plaintiff to withdraw his negligence allegations and ...


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