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SASSER v. ALFRED BENESCH & CO.

No. 1-89-2402.

576 N.E.2d 303 (1991)

216 Ill. App.3d 445

159 Ill.Dec. 634

Ron SASSER, Plaintiff-Appellant, v. ALFRED BENESCH & COMPANY, Defendant-Appellee (Illinois State Tollway Authority and Chicago & North Western Transportation Railroad Company, Defendants).

Appellate Court of Illinois, First District, Third Division.

June 28, 1991.

Attorney(s) appearing for the Case

Fritzshall and Gleson, Chicago, for plaintiff-appellant.

Tribler & Orpett P.C., Hinshaw & Culbertson, Chicago, for defendant-appellee.

Presiding Justice CERDA delivered the opinion of the court:

Plaintiff, Ron Sasser, appeals from the entry of summary judgment in favor of defendant, Alfred Benesch & Company (Benesch), in his Structural Work Act (Ill.Rev. Stat.1989, ch. 48, par. 60 et seq.) (the Act) and negligence action. Plaintiff argues that the trial court erred in granting summary judgment because a factual issue existed as to whether Benesch was in charge

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