DEIBERT v. BAUER BROTHERS CONSTRUCTION CO.

No. 5-88-0480.

188 Ill. App.3d 108 (1989)

544 N.E.2d 9

CLARENCE DEIBERT, Plaintiff-Appellee, v. BAUER BROTHERS CONSTRUCTION COMPANY, INC., Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing denied September 19, 1989.


Attorney(s) appearing for the Case

Stephen W. Thomson, Curtis L. Blood, and Kit R. Morrissey, all of Reed, Armstrong, Gorman, Coffey, Thomson & Gilbert, P.C., of Edwardsville, for appellant.

Cook, Shevlin, Keefe & Ysursa, Ltd., of Belleville (Bruce N. Cook, of counsel), for appellee.


Judgment affirmed.

JUSTICE HOWERTON delivered the opinion of the court:

• 1 A possessor of land has a duty to protect invitees from harm caused by a known or obvious danger when the possessor should anticipate the harm despite the invitee's knowledge of the danger or the obviousness of the danger. (See Restatement (Second) of Torts § 343A (1965); Shaffer v. Mays (1986), 140 Ill.App.3d 779,

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