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OSBORNE v. TARWATER

No. 2-92-1470.

631 N.E.2d 879 (1994)

259 Ill. App.3d 703

197 Ill.Dec. 657

Robert OSBORNE, Plaintiff-Appellant, v. Tim TARWATER, Indiv. and d/b/a Tarwater Concrete, Defendant-Appellee.

Appellate Court of Illinois, Second District.

March 29, 1994.

Attorney(s) appearing for the Case

Paula A. Gomora, Thomas P. Naughton, Law Offices of Naughton & Markese, Joliet, for Robert Osborne.

Elizabeth W. Sexton, Peregrine, Stime, Newman, Ritzman & Bruckner, Ltd., Wheaton, for Tim Tarwater, d/b/a Tarwater Concrete.

Justice GEIGER delivered the opinion of the court:

This action was brought pursuant to the Structural Work Act (the Act) (740 ILCS 150/1 et seq. (West 1992)). The plaintiff, Robert Osborne, seeks to recover from the defendant, Tim Tarwater, individually and doing business as Tarwater Concrete, for injuries sustained when he walked on a floor and fell through an insulation-covered hole at a residential construction site. The trial court granted the defendant...

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