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Jakubowski v. Alden-Bennett Construction Co.

January 11, 2002

PHYLLIS JAKUBOWSKI, INDIV. AND AS MOTHER AND NEXT FRIEND OF FRANK JAKUBOWSKI, A MINOR, PLAINTIFF-APPELLANT,
v.
ALDEN-BENNETT CONSTRUCTION COMPANY, AN ILLINOIS CORPORATION, AND DREXEL HORIZON LIMITED PARTNERSHIP, AN ILLINOIS LIMITED PARTNERSHIP, DEFENDANTS-APPELLEES.



The opinion of the court was delivered by: Presiding Justice Gallagher

UNPUBLISHED

Appeal from the Circuit Court of Cook County Honorable SOPHIA H. HALL Judge Presiding.

Plaintiff, Phyllis Jakubowski, filed an action, on behalf of the minor plaintiff, Frank Jakubowski (Frank) against defendants, Alden-Bennett Construction Company (Alden-Bennett) and Drexel Horizon Limited Partnership (Drexel Horizon), based on common law negligence, for injuries sustained by Frank when he trespassed upon a construction site and fell through an opening in the second floor of a partially constructed building. The trial court granted summary judgment to both defendants and denied plaintiff's motion to reconsider. Plaintiff now appeals. We affirm.

Facts

The relevant undisputed facts establish that Drexel Horizon owned property located at the 3400 block of South 55th Avenue in Cicero, Illinois. On September 30, 1996, Drexel Horizon entered into a contractual agreement with Alden-Bennett pursuant to which Alden-Bennett undertook to serve as the general contractor for the construction of the Drexel Horixon Senior Living Community (the construction project) on that property.

The relevant sections of the contract provide as follows:

"3.3 Supervision and Construction Procedures

3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, sequences and procedures and for coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters.

3.3.5 The Contractor shall provide security of the work during non-working hours in order to protect the premises against malicious mischief and vandalism and to safeguard life and property throughout the period of the Contract.

10.1 Safety Precautions and Programs

10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with performance of the Contract.

10.2 Safety of Persons and Property

10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to:

.1 employees on the Work and other persons who may be affected thereby;

.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the contractor's Subcontractors or Sub-subcontractors;

10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners of adjacent sites and utilities.

10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person ...


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