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WHEELER v. ROSELAWN MEMORY GARDENS

No. 5-87-0191.

188 Ill. App.3d 193 (1989)

543 N.E.2d 1328

DANIEL WHEELER, Plaintiff-Appellee, v. ROSELAWN MEMORY GARDENS, Defendant and Third-Party Plaintiff-Appellee (Harry Henkhaus et al., Defendants-Appellants; Daniel Wheeler, d/b/a Wheeler Stone Company, Third-Party Defendant-Appellant).

Appellate Court of Illinois — Fifth District.

Opinion filed September 1, 1989.

Attorney(s) appearing for the Case

Robert G. Raleigh, of Hoagland, Fitzgerald, Smith & Pranaitis, of Alton, for appellants Harry Henkhaus and Verna Henkhaus.

Stephen W. Thomson, Steven M. Aroesty, and Curtis L. Blood, all of Reed, Armstrong, Gorman, Coffey, Thomson & Gilbert, of Edwardsville, for appellant Daniel Wheeler, d/b/a Wheeler Stone Company.

Gordon R. Broom and Madelyn J. Lamb, both of Burroughs, Simpson, Hepler & Broom, of Edwardsville, for appellee Roselawn Memory Gardens.

David W. Dugan, of Law Offices of Gary E. Peel, of Edwardsville, for appellee Daniel Wheeler.

Affirmed in part and vacated in part.

JUSTICE HOWERTON delivered the opinion of the court:

Plaintiff, Daniel Wheeler, d/b/a as Wheeler Stone Company, a solely owned, unincorporated proprietorship, contracted to do masonry work at defendant Roselawn's premises. Wheeler Stone Company erected scaffolding which was put in place by Daniel Wheeler and another employee of Wheeler Stone Company.

As he was moving the scaffolding, plaintiff noticed a board dangerously...

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