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GOMIEN v. WEAR-EVER ALUMINUM, INC.

No. 43991.

50 Ill.2d 19 (1971)

276 N.E.2d 336

PENELOPE A. GOMIEN, Appellant, v. WEAR-EVER ALUMINUM, INC. et al. — (Wear-Ever Aluminum, Inc., Appellee.)

Supreme Court of Illinois.

Opinion filed November 30, 1971.

Attorney(s) appearing for the Case

THOMSON, THOMSON & MIRZA, of Bloomington, (JEROME MIRZA, of counsel,) for appellant.

HEYL, ROYSTER, VOELKER & ALLEN, of Peoria, (WILLIAM J. VOEKLER, JR., and DUNCAN B. COOPER, III, of counsel,) for appellee.

Reversed and remanded.

MR. JUSTICE DAVIS delivered the opinion of the court:

This appeal raises the threshold issue of whether the motion of Wear-Ever Aluminum, Inc. to dismiss count II of the complaint was properly granted, and the further issue of when the owner of a business who enters into a contract with an independent contractor, is subject to liability for physical harm to third parties caused by failure to exercise reasonable care in contracting for...

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