ACQUAVIVA v. SEARS ROEBUCK & CO.

No. 77-1796.

68 Ill. App.3d 588 (1979)

386 N.E.2d 381

GERARDO ACQUAVIVA, Plaintiff-Appellant, v. SEARS ROEBUCK & COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed January 16, 1979.


Attorney(s) appearing for the Case

Patrick J. Reilly, of Chicago (Reilly & Sentman, of counsel), for appellant.

Francis J. Marasa, of Chicago (Sweeney and Riman, Ltd., of counsel), for appellee Ragnar Benson, Inc.


Reversed and remanded.

Mr. JUSTICE HARTMAN delivered the opinion of the court:

Plaintiff appeals from an order striking his third amended complaint and dismissing the action as to all parties. The complaint is based solely upon alleged wilful violations of the Illinois Structural Work Act (Ill. Rev. Stat. 1975, ch. 48, pars. 60, 69), resulting in personal injuries to plaintiff.

The complaint alleges that plaintiff was the operator of a mortar mixing...

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