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01/26/94 MARIO SERRANO v. CHICAGO BOARD EDUCATION

January 26, 1994

MARIO SERRANO, PLAINTIFF-APPELLANT,
v.
CHICAGO BOARD OF EDUCATION, DEFENDANT-APPELLEE, AND REPUBLIC ALUMINUM, INC., COUNTER-DEFENDANT.



Appeal from the Circuit Court of Cook County. Honorable Joseph N. Casciato, Judge Presiding.

Released for Publication March 18, 1994.

Greiman, Tully, Cerda

The opinion of the court was delivered by: Greiman

JUSTICE GREIMAN delivered the opinion of the court:

In this personal injury action, plaintiff appeals the trial court's order dismissing count I of his complaint which alleged violations of the Structural Work Act (Ill. Rev. Stat. 1989, ch. 48, par. 60 et seq.).

The sole issue raised on appeal is whether plaintiff's claim under the Structural Work Act is barred by section 3-108(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. Stat. 1989, ch. 85, par. 3-108(a)).

For the reasons which follow, we reverse the trial court's dismissal of plaintiff's count predicated on the Structural Work Act.

Defendant Chicago Board of Education (the Board) contracted with defendant Republic Aluminum, Inc. (Republic) to replace all the windows at a high school. In turn, Republic, which is not a party to this appeal, engaged Atlas Installation Company to perform the work. Plaintiff, an employee of Atlas Installation Company, subsequently sustained injuries after he fell from a window sill while removing old shutters from the outside of Tilden High School on September 11, 1990.

Plaintiff filed a two-count second amended complaint against defendants. Count II is premised on negligence and is not a part of this appeal.

Count I, the subject of this appeal, included the following allegations:

"1. That on and before September 11, 1990, Defendants, owned and/or were in charge of the erection, construction, repairs, alteration, removal and/or painting of a certain building * * *.

4. That * * * Defendants erected, constructed, placed or operated or caused to be erected, constructed, placed or operated, a certain ladder.

6. That at said time and place and prior thereto, Defendants were then and there guilty of wilful violations of Structural Work Act in one or more of the following ways:

a. Failed to erect a safe, suitable and proper temporary support for the protection of the ...


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