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06/10/88 Thomas Delgatto, v. Brandon Associates

June 10, 1988

THOMAS DELGATTO, PLAINTIFF-APPELLANT

v.

BRANDON ASSOCIATES, LTD., DEFENDANT-APPELLEE (ANNE MARIE DELGATTO, PLAINTIFF)

THIS APPEAL FOLLOWS THE ENTRY OF AN ORDER OF THE CIRCUIT COURT OF COOK COUNTY GRANTING SUMMARY JUDGMENT (ILL. RE

v.

STAT. 1985, CH. 110, PAR. 2-1005) IN FAVOR OF DEFENDANT BRANDON ASSOCIATES, LTD., AS TO COUNT III OF PLAINTIFFS' COMPLAINT AT LAW.



Before we consider the substantive issue here presented under the Structural Work Act, we are compelled to address the procedural posture of the matter before us.

APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

526 N.E.2d 384, 172 Ill. App. 3d 424, 122 Ill. Dec. 125 1988.IL.914

Appeal from the Circuit Court of Cook County; the Hon. Myron T. Gomberg, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE LORENZ delivered the opinion of the court. PINCHAM and MURRAY, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LORENZ

We reverse and remand.

The following is pertinent to our Disposition.

On May 20, 1983, plaintiffs filed a complaint at law against Brandon Associates, Ltd. (Brandon), and several medical defendants for injuries sustained after Thomas Delgatto was involved in an accident in conjunction with the renovation of a building at 19 South La Salle Street in Chicago. Following several amendments, on November 12, 1985, a fourth amended complaint, consisting of four counts, was filed naming only Brandon as a defendant. This appeal concerns only count III of that complaint.

Count III alleged that on May 21, 1981, Thomas Delgatto (plaintiff), a sheet metal worker employed by Wagner Heating and Ventilation, was injured when an air duct assembly, part of the renovation project, struck him in the back. The complaint stated that a radiator had been placed up against the duct work and, as plaintiff was moving the radiator to gain access to the duct work, the injury occurred. Liability was premised on allegations that plaintiff's injuries were the result of defendant Brandon's failure to comply with provisions of the Structural Work Act (sometimes referred to as the Act) (Ill. Rev. Stat. 1985, ch. 48, par. 60 et seq.) in one or more of the following ways:

"a. Failed to provide a proper support for the piece of duct work thereby rendering said duct work in an unstable position;

b. Provided a scaffold, support or other mechanical contrivance, for the support of the duct work which was unstable and unsteady;

c. Failed to provide a scaffold, support, or other mechanical contrivance for the support of the duct work which could have safely and adequately supported the duct work while the plaintiff was working in that area;

d. Failed to provide the plaintiff with an adequate support, scaffold, or other mechanical contrivance which could have enabled him to avoid being hit by the duct work on the date of his accident.", Defendant's answer ...


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