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FITZPATRICK v. PERRY DRUGS CO.

No. 1-90-0370.

572 N.E.2d 1103 (1991)

213 Ill. App.3d 529

157 Ill.Dec. 639

Walton FITZPATRICK, Plaintiff-Appellant, v. PERRY DRUGS COMPANY, an Illinois Corporation, Defendant-Appellee (Irving Graifman, Inc., an Illinois Corporation and Fireman's Fund Insurance Company, Intervening Petitioners-Appellees).

Appellate Court of Illinois, First District, Sixth Division.

May 3, 1991.

Attorney(s) appearing for the Case

Frank & Melamed, Ltd., Chicago (Michael J. Evans, of counsel), for plaintiff-appellant.

Cole, Grasso, Fencl & Skinner, Ltd., Chicago (Glenn F. Fencl and Joseph F: Spitzzeri, of counsel), for defendant-appellee.

Justice EGAN delivered the opinion of the court:

The plaintiff, Walton Fitzpatrick, filed a complaint under the Structural Work Act (Ill.Rev.Stat.1983, ch. 48, par. 60 et seq.) (the Act) for personal injuries against the owner of the work site, the defendant, Perry Drugs Company (Perry). The trial judge granted the defendant's motion for summary judgment on the ground that the record showed, as a matter of law, that the defendant was not in charge of the work...

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