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SHARP v. GALLAGHER

No. 54980.

95 Ill.2d 322 (1983)

447 N.E.2d 786

RUSSELL DEAN SHARP, Appellee, v. ROBERT GALLAGHER et al., Appellants.

Supreme Court of Illinois.

Opinion filed March 25, 1983.

Attorney(s) appearing for the Case

Hinshaw, Culberton, Moelmann, Hoban & Fuller, of Chicago (Stanley J. Davidson and Charles H. Cole, of counsel), for appellants.

Cooney & Stenn, and William J. Harte, Ltd., of Chicago (William J. Harte, of counsel), for appellee.

John M. Cannon, Susan W. Wanat, and Ann P. Sheldon, of Mid-America Legal Foundation, of Chicago, for amici curiae Chicago Association of Commerce and Industry, Illinois Construction Industry Committee, Association of Commerce and Industry of McLean County, and Mid-America Legal Foundation.

George W. Gessler, Terence E. Flynn, and David M. Levy, of Rooks, Pitts, Fullagar & Poust, of Chicago (Benjamin F. Cornelius and Douglas F. Stevenson, of counsel), for amicus curiae United States Steel Corporation.

Wayland B. Cedarquist, George E. Bullwinkel, and Henry C. Szesnay, of Chicago (Boodell, Sears, Sugrue, Giambalvo & Crowley, of counsel), for amicus curiae Republic Steel Corporation.

Appellate court reversed; circuit court affirmed.

JUSTICE MORAN delivered the opinion of the court:

Plaintiff, Russell Dean Sharp, filed a two-count complaint against the defendants, Robert Gallagher and Daniel Henry, individually and as partners doing business as Orchard Hill Building Company (Orchard Hill). Count I alleged violations of the Structural Work Act (Ill. Rev. Stat. 1977, ch. 48, par. 60 et seq.). Count II was based on common law negligence...

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