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Donaldson v. Holy Family Hospital

OPINION FILED MARCH 12, 1981.

WILLIAM DONALDSON, PLAINTIFF,

v.

HOLY FAMILY HOSPITAL ET AL., DEFENDANTS. — (J.S. ADAMS COMPANY, THIRD-PARTY PLAINTIFF-APPELLANT,

v.

EMPIRE ROOFING COMPANY, THIRD-PARTY DEFENDANT-APPELLEE.)



APPEAL from the Circuit Court of Cook County; the Hon. PAUL F. ELWARD, Judge, presiding.

MR. JUSTICE LINN DELIVERED THE OPINION OF THE COURT:

Appellant, J.S. Adams Company (Adams), appeals from an order of the circuit court of Cook County dismissing, with prejudice, its third-party amended complaint for indemnification against Empire Roofing Company (Empire). *fn1

On appeal, Adams contends: (1) the trial court erred in dismissing, with prejudice, its third amended complaint for failure to state a cause of action; and (2) the trial court erred by denying Adams leave to file a fourth amended complaint.

We affirm.

Plaintiff, William Donaldson, an employee of Empire, instituted a negligence action against various defendants, including Adams. The complaint charged that as a result of Adams' negligence, plaintiff stepped into a hole in the basement floor of a building which was being constructed by the various defendants. The complaint also alleged that Adams, who functioned as the general contractor for construction of the building, committed the following acts or omissions:

"(a) Carelessly and negligently failed to provide a safe place for the Plaintiff, WILLIAM DONALDSON, to work;

(b) Carelessly and negligently failed to inspect the basement to determine its safety and condition;

(c) Carelessly and negligently failed to provide the Plaintiff, WILLIAM DONALDSON, with a safe way to get building materials into the basement;

(d) Carelessly and negligently failed to provide adequate lighting in the basement of said construction site;

(e) Carelessly and negligently failed to determine that said basement was adequately illuminated;

(f) Carelessly and negligently failed to warn the Plaintiff, WILLIAM DONALDSON, of the dangerous and unsafe condition of the basement;

(g) Carelessly and negligently failed to conduct adequate and timely inspections of the construction work;

(h) Carelessly and negligently failed to supervise the construction work in progress;

(i) Carelessly and negligently failed to cover holes that were created in the basement floor of the ...


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