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CUTUK v. HAYES/GALLARDO, INC.

No. 73132.

602 N.E.2d 834 (1992)

151 Ill.2d 314

176 Ill.Dec. 888

Harry CUTUK, Appellee, v. HAYES/GALLARDO, INC., et al. (Hayes/Gallardo, Inc., Appellant).

Supreme Court of Illinois.

October 15, 1992.

Attorney(s) appearing for the Case

Menges, Mikus & Molzahn, Chicago, (Randall G. Talan, and Joseph J. Wilson, of counsel), for appellant.

James Paul Costello, Chicago, for amicus curiae Illinois Trial Lawyers Assn.

Cole, Grasso, Fencl & Skinner, Ltd., Chicago, (Joseph F. Spitzzeri and Joseph B. Carini III, of counsel), for amicus curiae Illinois Association of Defense Trial Counsel.

Schroeder & Hruby, Ltd., Wheaton, (Carl F. Schroeder, and Ralph R. Hruby, of counsel), for appellee.

Justice CUNNINGHAM delivered the opinion of the court:

Pursuant to the Structural Work Act (the Act) (Ill.Rev.Stat. 1987, ch. 48, par. 60 et seq.) the plaintiff, Harry Cutuk, filed this action against Hayes/Gallardo, Inc., and other defendants. Hayes/Gallardo (defendant) moved for summary judgment, based upon the fact that Cutuk was a sole proprietor. The trial court denied defendant's motion for summary judgment, but certified the following question to the...

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