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03/30/88 Antonio Eads, A Minor By v. John Thomas

March 30, 1988

HELFAND, PLAINTIFF-APPELLANT

v.

JOHN THOMAS, INDIV. AND D/B/A THOMAS' GARAGE, ET AL., DEFENDANTS-APPELLEES (JOHN THOMAS, INDIV. AND D/B/A THOMAS' GARAGE, THIRD-PARTY PLAINTIFF; CARMAN



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

ANTONIO EADS, a Minor by his Mother and Next Friend, Bonnie

Enterprises, Inc., Third-Party Defendant)

521 N.E.2d 628, 167 Ill. App. 3d 529, 118 Ill. Dec. 346 1988.IL.458

Appeal from the Circuit Court of De Witt County; the Hon. William C. Calvin and the Hon. Donald R. Parkinson, Judges, presiding.

APPELLATE Judges:

JUSTICE LUND delivered the opinion of the court. KNECHT and SPITZ, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LUND

Plaintiff Antonio Eads, a minor, by his mother and next friend, Bonnie Helfand, appeals from orders of the circuit court of DeWitt County, granting summary judgment in favor of defendant John Thomas, individually and d/b/a Thomas' Garage (Thomas), as to plaintiff's count I of the fifth-amended complaint and granting summary judgment in favor of defendant Keith Shell, individually and d/b/a Shell-Downs Motors (Shell), as to plaintiff's count III of the fifth-amended complaint. The trial court entered Supreme Court Rule 304(a) (107 Ill. 2d R. 304(a)) findings as to both orders.

The cause of action results from an accident on June 22, 1984. Plaintiff was a 12-year-old boy who had been befriended by Thomas and his employees. Thomas ran a gasoline service station adjoining Shell's garage and on property Thomas leased from Shell. Thomas and his family owned a race car and participated in stock car races. On June 22, 1984, work was being done on the race car, and plaintiff took a wheel to the air pump, filled the tire, and rolled it back to the area of the race car. The wheel exploded, blowing off part of the rim and injuring plaintiff.

Counts I and III of the amended complaint attempt to state a cause of action based on a violation of section 7 of the Child Labor Law (Ill. Rev. Stat. 1983, ch. 48, par. 31.7). The allegations in the two counts did not state plaintiff was employed by either Thomas or Shell. Instead, it was alleged that the plaintiff "was injured in the course of doing work," and referred to the defendants violating "the duty to refrain from permitting or suffering the minor plaintiff to work in or about a service station." The record clearly indicates the plaintiff was not an employee of either Thomas or Shell.

The Child Labor Law provided in part:

"No minor under the age of 16 years of age shall be employed, permitted or suffered to work:

(17) In or about any filling station or service station." (Ill. Rev. Stat. 1983, ch. 48, par. 31.7(17).)

Plaintiff argues that "permitted or suffered to work" should be interpreted as applying the Child Labor Law to his performance of an act of work, i.e., servicing a tire. He contends section 7 of the Child Labor Law protects not only those who are employed, but also those who ...


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